In retaliation to Genesis Global Capital (GGC) and Digital Currency Group (DCG) suspending withdrawals which led to Gemini halting its Earn service, three Gemini Earn users have filed class action arbitration against them.
A class-action arbitration is an alternative to a class-action lawsuit for resolving disputes between parties by a neutral third-party arbitrator. The arbitrator’s ruling is final and cannot be challenged so it may go more quickly and cost-effectively than a class-action lawsuit.
According to the claimants’ filing with the American Arbitration Association (AAA), GGC first violated the Master Agreement when it went insolvent but kept it a secret from lenders.
The filing claims that DCG purchased the right to collect a $2.3 billion debt owing to GGC by insolvent hedge fund Three Arrows Capital in exchange for a promissory note of $1.1 billion due in 2033, as part of the scheme by which GGC hid the insolvency.
The Master Agreement was violated by GGC’s insolvency, inability to remedy the insolvency, and ongoing depictions that it was not insolvent.
These actions constituted Events of Default, which led to the automatic termination of the loans between the Claimants and GGC and compelled GGC to return the Claimants’ digital assets.
The claimants assert that GGC violated the Master Agreement beginning on November 16, 2022, by refusing to return digital assets that Gemini Users had requested be returned to them under the terms of the Master Agreement.
GGC also failed to make interest payments to Gemini Earn users as required by the Master Agreements by the end of November.
Last but not least, the claimants contend that all transactions carried out in accordance with the Master Agreement constituted unregistered sales of securities for which there is no exemption from registration.
As a result, the three Gemini Earn users are asking for the cancellation of the contracts of sale as well as compensation for their losses.