Gemini and Genesis seek to dismiss SEC lawsuit over defunct Earn product
On May 26, Gemini and Genesis submitted a request to the court to dismiss the SEC lawsuit related to their Earn product. Genesis says Earn wasnt a security According to Geminis lawyer, Jack Baughman, in response to the SEC lawsuit, he stated that the contract establishing the Earn program was not a security, and even if it were, the SEC would need to demonstrate that the contract was sold, which never occurred. Gemini collaborated with Genesis Global Capital to offer the Earn product, enabling users to earn interest on their cryptocurrency deposits through reinvestment by the providers. In their recent filing, Gemini argued that this offering constituted a lending arrangement rather than a security. Their primary argument centered around the fact that the contracts were not sold on a secondary market. Gemini asserted that the lending agreements they entered into should not be considered securities and requested the court to dismiss the complaint with prejudice. Baughman highlighted that Genesis has also filed a motion to dismiss the case, and Gemini is supportive of this argument. Earn was halted in November In November 2022, Genesis compelled Earn to suspend withdrawals, and subsequently, on January 10, 2023, Gemini permanently discontinued the service. Following these events, on January 12,