SEC, Winklevoss-led Gemini reach 'resolution in principle' over years long lawsuit involving Gemini Earn

The U.S. Securities and Exchange Commission and Gemini have reached "a resolution in principle," after the agency accused the crypto exchange of not following its rules when it launched a crypto lending program.

In a court filing on Monday sent to Judge Edgardo Ramos in the U.S. District Court for the Southern District of New York, lawyers for Gemini Trust Company, LLC, and the SEC stated that they had reached a resolution and said the regulator would need to sign off.

"The parties in this case have reached a resolution in principle that would completely resolve this litigation, subject to review and approval by the Commission," they said in the filing. They also asked for all "pending dates" to be put on pause.

The SEC charged Genesis Global Capital, LLC and Gemini in January 2023 for the unregistered offer and sale of securities to retail investors through Gemini Earn. In 2021, the Winklevoss twins-led company launched Gemini Earn, allowing Gemini customers to loan their crypto to now-bankrupt Genesis Global Capital, LLC and earn up to 7.4% APY.

Gemini did not immediately respond to a request for comment on Monday. An SEC spokesperson declined to comment beyond public filings. 

The regulator has turned over a new leaf over the past year since President Donald Trump took office in January. Trump tapped crypto-friendly Paul Atkins to lead the agency, who has since launched "Project Crypto" to modernize its rules around digital assets. The regulator has also dropped lawsuits against major crypto firms, including Coinbase, Binance, and Ripple.

After raising $425 million in an IPO, Gemini's stock debuted on the Nasdaq last Friday. Founded in 2014, Gemini acts as a crypto trading platform and custodian.

Updated at 2:40 p.m. UTC on Sept. 16 to include SEC comment