Crypto Truce Incoming? SEC and Gemini Explore Ending Legal Clash Over Earn Program

The U.S. Securities and Exchange Commission (SEC) and crypto exchange Gemini have jointly asked a New York court to pause their ongoing lawsuit over the Gemini Earn program for 60 days, signaling interest in exploring a potential resolution.

Background

• The SEC originally filed suit against Gemini and Genesis Global Capital in January 2023, accusing both firms of offering unregistered securities through the Gemini Earn program.

• While Genesis settled with the SEC in March 2024 for $21 million, the case against Gemini has remained unresolved.
• However, in a joint letter filed on April 1, both parties requested a stay of proceedings and all associated deadlines to allow discussions around a potential settlement. The letter was addressed to Judge Edgardo Ramos in the Southern District of New York.
• Gemini Earn was a high-profile lending product that allowed users to earn interest by lending out their crypto assets.
• The program collapsed after Genesis, the program’s lending partner, froze withdrawals in November 2022 amid broader market turmoil.

Why Should You Pay Attention?

• The decision to explore a resolution could mark a shift in the SEC’s approach to crypto regulation under the Trump administration.
• A pause in the lawsuit may also provide broader regulatory clarity for crypto exchanges offering interest-bearing products, especially if it results in a formal settlement.
• It follows a trend of the SEC dialing back several crypto-related enforcement actions in recent months.

Who Said What?

• In the April 1 letter, attorneys for both the SEC and Gemini stated:

“The parties submit that it is in each of their interests to stay this matter while they consider a potential resolution and agree that no party or non-party would be prejudiced by a stay.”

• Gemini co-founder Cameron Winklevoss, speaking earlier in February when the SEC closed a separate investigation into the firm, criticized the agency’s tactics:

“The SEC cost us tens of millions of dollars in legal bills alone and hundreds of millions in lost productivity, creativity, and innovation.”

Zooming Out

• The SEC’s request for a pause in its case against Gemini comes amid a broader pattern of regulatory de-escalation in the U.S. crypto space.
• Under the current administration, the SEC has dropped or scaled back enforcement efforts against major industry players, including Ripple, Kraken, Coinbase, OpenSea, and Crypto.com.
• While the exact terms of a potential resolution between Gemini and the SEC remain unclear, the request reflects a thawing in the once-aggressive stance taken by regulators toward digital asset firms.
• If the case is ultimately settled, it could offer a framework for other crypto companies navigating legal challenges related to interest-bearing and lending products.

Other Related Read/Listens

• SEC’s Head of Crypto Assets Quits After 9 Years
• SEC Lets Coinbase, Opensea, Uniswap, Gemini, Robinhood Off the Leash
• Genesis-Linked Wallet Transfers 600 BTC to Coinbase