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SEC in the U.S. charges Genesis, Gemini with selling unregistered securities

The U.S. Securities and Exchange Commission on Thursday charged cryptocurrency lender Genesis Global Capital and crypto exchange Gemini Trust with offering and selling unregistered securities to retail investors.

From the Forkast crypto archive

WASHINGTON, DC – SEPTEMBER 15: Securities and Exchange Commission (SEC) Chair Gary Gensler testifies before the Senate Banking, Housing, and Urban Affairs Committee, on Capitol Hill, September 15, 2022 in Washington, DC. The Committee met to hold an oversight hearing on the SEC. (Photo by Kevin Dietsch/Getty Images)

The U.S. Securities and Exchange Commission (SEC) on Thursday charged cryptocurrency lender Genesis Global Capital and crypto exchange Gemini Trust with offering and selling unregistered securities to retail investors through a lending program.

See related article: DCG writes to shareholders to detail finances amid US$900 mln Twitter feud with Winklevoss

Fast facts

  • The SEC said in a Thursday statement that Genesis, owned by Digital Currency Group (DCG), and the Gemini exchange had sold crypto assets worth billions of dollars to “hundreds of thousands of investors” through the Gemini Earn program that promised depositors high interest returns.
  • “We allege that Genesis and Gemini offered unregistered securities to the public, bypassing disclosure requirements designed to protect investors,” SEC Chair Gary Gensler said in the statement.
  • Gensler added: “Today’s charges build on previous actions to make clear to the marketplace and the investing public that crypto lending platforms and other intermediaries need to comply with our time-tested securities laws. Doing so best protects investors. It promotes trust in markets. It’s not optional. It’s the law.”
  • Gemini’s Earn Program officially shut down on Tuesday amid a Twitter spat between Barry Silbert, founder of DCG, and Cameron Winklevoss, co-founder of Gemini. Winklevoss alleges DCG’s Genesis unit owes Gemini users US$900 million.
  • Tyler Winklevoss, the other Gemini co-founder, tweeted on Friday that the SEC’s action was “totally counterproductive” and “does nothing to further our efforts and help Earn users get their assets back.”

See related article: US prosecutors, SEC probes Digital Currency Group: report