Gemini vs SEC: When Will the Blame Game Stop?

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CRYPTO VS SEC

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Gemini, a prominent cryptocurrency company, finds itself entangled in a captivating dispute with the U.S. Securities and Exchange Commission (SEC). This unfolding saga involves fiery tweets, accusations of a “failed regulator,” and a potential lifeline for disgruntled investors, adding layers of intrigue to the narrative.

But, what really went down? Read on!

The Spark that Ignited the Fire

The clash commenced with a tweet from Cameron Winklevoss, co-founder of Gemini. Seizing the opportunity to mark the tenth anniversary of the first Bitcoin ETF filing, Winklevoss didn’t hold back in criticizing the SEC. He labeled the institution a “complete and utter disaster” for U.S. investors, pointing out that their refusal to approve Bitcoin ETFs was detrimental to investor interests.

Today marks 10 years since @tyler and I filed for the first spot Bitcoin ETF. The @SECGov's refusal to approve these products for a decade has been a complete and utter disaster for US investors and demonstrates how the SEC is a failed regulator. Here's why:

-"protected"… pic.twitter.com/xmK1xo1iX8

— Cameron Winklevoss (@cameron) July 2, 2023

Winklevoss pointed out several alleged shortcomings of the SEC, including their supposed protection of investors from Bitcoin, which happens to be the best-performing asset of the past decade. He also criticized the SEC for steering investors towards “toxic products” like the Grayscale Bitcoin Trust (GBTC).

Get Some Background Insight: SEC vs Gemini: Crypto Giant Strikes Back! What’s at Stake will Shock You!

Winklevoss went further to claim that the SEC’s actions had driven Bitcoin activity offshore, to unregulated venues, and had led investors into the arms of FTX, a company he accused of being one of the biggest financial frauds in modern history.

Former SEC Chief Fires Back

John Reed Stark, former Chief of the SEC Office of Internet Endorsement, wasted no time in responding to Gemini’s blame game. Stark likened their accusations to outrageous scenarios, such as Lee Harvey Oswald blaming the U.S. Secret Service for preventing people from seeing the President up close. He also highlighted the irony of Gemini accusing the SEC when the company itself stands accused of swindling $900M from 340,000 investors through its EARN product.

Gemini Escalates Its Battle With The SEC

I am not making this up. Gemini, a company that the SEC accuses of swindling $900M from 340,000 investors with its EARN product, now blames the SEC for depriving investors of the right to be subjected to crypto-related grift and… pic.twitter.com/lfYgtXxjwO

— John Reed Stark (@JohnReedStark) July 2, 2023

Is there Hope for Gemini’s Investors?

Despite the volley of accusations, Stark provided a glimmer of hope for Gemini’s EARN investors. He emphasized that unlike companies such as FTX, Celsius, BlockFi, and Voyager, Gemini remains solvent. If the SEC wins the case against Gemini, there is a chance for investors to recover some, or even all, of their original investment.

Read more: SEC vs Gemini Row: Tyler Winklevoss says ‘What’s The Urgency Here?’

Stark suggested that the SEC penalties and disgorgement could be placed in a FAIR Fund or a similar remediation mechanism, allowing for the return of funds to victims of any violative conduct. To support his point, he referred to the SEC Telegram case, where investors received $1.2 billion in reimbursements after Telegram settled the SEC’s charges.

The Tussle is Far From Over!

Stark expressed surprise that the SEC did not charge Gemini with failing to register as an exchange, a broker-dealer, or a clearing firm, as it had done with other crypto platforms like Beaxy, Bittrex, Binance, and Coinbase. This unanswered question adds another twist to the unfolding Gemini-SEC saga.

While Gemini seeks to dismiss the SEC case against them, a resolution may take time. However, Stark firmly believes that if the SEC emerges victorious, it could bring good news for EARN investors, despite Gemini’s opposing view.

So, what’s your take on this fiery face-off? Tell us!

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