CFTC accuses Winklevoss-owned crypto exchange Gemini of misleading statements in new lawsuit

The Commodity Futures Trading Commission has sued Gemini, the crypto exchange owned by Cameron and Tyler Winklevoss.

In a statement Thursday, the CFTC said it sued Gemini for “making false or misleading statements of material facts or omitting to state material facts to the CFTC in connection with the self-certification of a bitcoin futures product.”

The agency said:

“According to the complaint, Gemini, directly and through the DCM, provided information to the CFTC concerning Gemini’s trading platform and the Gemini Bitcoin Auction, and certain statements and information conveyed or omitted by Gemini were false or misleading with respect to, among other things, facts relevant to understanding whether the proposed Bitcoin Futures Contract would be readily susceptible to manipulation. As alleged in the complaint, Gemini personnel knew or reasonably should have known that such statements were false or misleading.”

Cboe’s cash-settled bitcoin futures utilized price data from Gemini’s exchange when they launched in December 2017, as the firms announced at the time. The complaint does not name Cboe. 

When reached for comment, a Gemini spokesperson told The Block: “Gemini has been a pioneer and proponent of thoughtful regulation since day one. We have an eight year track-record of asking for permission, not forgiveness, and always doing the right thing. We look forward to definitively proving this in court.”

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A copy of the complaint was not immediately available at press time. The CFTC and Cboe did not immediately respond to requests for comment. 

This news is developing and will be updated with more information. 

Updated with CFTC statement and court complaint. Updated with comment from Gemini.

Enf Gemini Complaint 060222 by Mike McSweeney on Scribd