In a recent development, cryptocurrency lender Genesis Global Capital has taken legal action against the Gemini cryptocurrency exchange, seeking the return of more than $689 million in alleged preferential transfers. This legal dispute stems from the aftermath of the collapse of the major cryptocurrency exchange FTX last November, which has triggered a series of legal battles and regulatory scrutiny.
Genesis Global Capital contends that as market volatility surged, Gemini exacerbated the situation by making substantial withdrawal demands, resulting in harm to other creditors. The lawsuit specifically targets transactions occurring in the 90 days leading up to Genesis’ bankruptcy filing in January.
According to US bankruptcy law, transfers made prior to filing for Chapter 11 protection can be subject to legal challenges to ensure fair distribution of assets. Genesis alleges that Gemini was fully aware of its precarious financial position when it insisted on repayment.
Genesis and Gemini amidst financial turmoil
The legal tussle between Genesis and Gemini traces its origins to last summer when the bankruptcy of crypto hedge fund Three Arrows Capital triggered a loss of customer trust and liquidity issues for Genesis and other cryptocurrency lenders.
The subsequent bankruptcy of FTX further intensified the challenges for Genesis, with panic spreading to Gemini’s lending program. The lawsuit reveals that over $765.8 million in net transfers occurred from Genesis to Gemini in September and October 2022, raising questions about preferential treatment that Genesis claims should undergo legal scrutiny.
Gemini, however, staunchly denies any impropriety in its actions leading up to the bankruptcy of its partner. The company underscores its commitment to user responsibility and seeks compensation for losses incurred during the tumultuous period.
The dispute has attracted the attention of US regulatory authorities, adding another layer of complexity. The Securities and Exchange Commission (SEC) initiated an investigation into both Gemini and Genesis in January, focusing on potential unregistered securities offerings.
Meanwhile, the New York Attorney General, Letitia James, filed a lawsuit against Gemini, Genesis, and Digital Currency Group (DCG), the parent company of Genesis, alleging fraud and illegal activities amounting to over $1 billion against more than 230,000 investors, including nearly 30,000 users from New York.
Digital Currency Group, facing its own financial challenges, has found itself entangled in lawsuits by both Genesis and Gemini. Despite Gemini’s filing in July being perceived by DCG as an attempt to tarnish its reputation, the ongoing legal battles shed light on the intricate web of financial entanglements within the cryptocurrency industry.
Implications for the crypto industry
As the legal drama unfolds, it casts a shadow over the cryptocurrency industry, raising questions about liability and regulation in this nascent sector. The outcome of Genesis’ pursuit to recover funds from Gemini remains uncertain, and the proceedings are poised to be closely monitored by industry stakeholders and regulatory bodies alike.
