Winklevoss-led Gemini Trust Co. agrees to pay $5 million to settle CFTC charges in proposed order

Quick Take

  • In a “proposed consent order” on Monday signed by the CFTC and Gemini, the company agreed to settle while not admitting or denying the allegations.
  • The agency said Gemini made untrue statements between July 2017 and December 2017 to the CFTC when it was being evaluated for a bitcoin futures contract.

Cameron and Tyler Winklevoss-led Gemini Trust Company has agreed to pay $5 million to end a case brought by the U.S. Commodity Futures Trading Commission over misleading statements it made to the regulator.

In a "proposed consent order" on Monday signed by the CFTC and Gemini, the company agreed to settle while not admitting or denying the allegations in the agency's complaint. Bloomberg earlier reported the news.

A pre-trial conference was set for Jan. 13 and the trial was expected to start on Jan. 21, according to a previous order by Judge Alvin K. Hellerstein in the U.S. District Court for the Southern District of New York.

The CFTC sued Gemini in June 2022 for making a "false or misleading statement of material facts." The agency said Gemini made those statements between July 2017 to about December 2017 to the CFTC when it was being evaluated for a bitcoin futures contract. Gemini allegedly made those statements about whether the firm's proposed bitcoin futures contract would be "readily susceptible to manipulation," the agency said in 2022.

"As alleged in the complaint, Gemini personnel knew or reasonably should have known that such statements were false or misleading," the CFTC said previously.

Gemini pushed back and said the CFTC "unjustly accused" them.

"This contract worked as intended—the reference price was reliable, no investors were harmed, no price manipulation occurred, and the CFTC has not alleged any concerns with the contract itself," Gemini said in its response to the CFTC's complaint in August 2022.


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About Author

Sarah is a reporter at The Block covering policy, regulation and legal happenings. Before, Sarah was a reporter with CQ Legal writing about securities regulation, which is where she first started reporting on crypto. Sarah has also written for The Bond Buyer and American Banker, among other finance-related publications. She graduated from the University of Missouri and earned a degree in print and digital journalism. Sarah is based in Washington D.C., and is an avid coffee lover. You can follow her on Twitter @ForTheWynn.

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