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CFTC and Gemini File Joint Motion to Reverse $5 Million Settlement
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CFTC and Gemini File Joint Motion to Reverse $5 Million Settlement

May 28, 2026

The CFTC and Gemini jointly filed a motion in Manhattan court on May 28, 2026 to vacate a $5 million settlement from January 2025 related to alleged false statements about a Bitcoin futures contract. The CFTC now argues the complaint was based on a whistleblower lacking credibility and should not have been filed under current standards. Two customers had admitted defrauding Gemini of $7.5 million through a rebate-fraud scheme.

CFTC settlement reversal

  • ▪The US Commodity Futures Trading Commission concluded that the complaint against Gemini should not have been filed and would not have been under current enforcement standards
  • ▪The US Commodity Futures Trading Commission's settlement with Gemini included an injunction barring Gemini from making false or misleading statements to the agency
  • ▪The US Commodity Futures Trading Commission accused Gemini of making false or misleading statements related to a Bitcoin futures contract
  • ▪Gemini has already paid a $5 million fine to the US Commodity Futures Trading Commission
  • ▪Gemini settled with the US Commodity Futures Trading Commission and paid a $5 million fine in January 2025
  • ▪The US Commodity Futures Trading Commission filed a joint motion with Gemini in a Manhattan court on May 28, 2026 seeking to vacate a $5 million settlement

Trump administration policy shift

  • ▪Donald Trump withdrew Brian Quintenz's nomination for US Commodity Futures Trading Commission chair and instead backed Mike Selig
  • ▪Tyler Winklevoss donated $1 million to Donald Trump's election campaign in 2024
  • ▪Mike Selig is a former lawyer for crypto companies who has taken a supportive stance toward the crypto industry
  • ▪The US Commodity Futures Trading Commission and the Securities and Exchange Commission have abandoned a string of crypto lawsuits and investigations under US President Donald Trump
  • ▪Tyler Winklevoss asked Brian Quintenz in September if Brian Quintenz would review the US Commodity Futures Trading Commission's case against Gemini if Brian Quintenz were made chair

Whistleblower credibility issues

  • ▪The US Commodity Futures Trading Commission complaint against Gemini relied on allegations from a whistleblower in 2017 who claimed that Gemini inflated trading activity and volumes to distort user demand
  • ▪The US Commodity Futures Trading Commission complaint against Gemini was largely based on a whistleblower's account known to be lacking in credibility
  • ▪The whistleblower's allegations against Gemini were based on statements from Gemini's former chief operating officer and a subordinate who allegedly made threats against Cameron and Tyler Winklevoss
  • ▪Gemini's former chief operating officer and a subordinate were allegedly known to lie about material facts

Gemini fraud victimization claims

  • ▪The US Commodity Futures Trading Commission alleged that past leadership did nothing with the admissions that two customers defrauded Gemini of $7.5 million
  • ▪The US Commodity Futures Trading Commission argued that Gemini was a victim of fraud in which two customers exploited Gemini's preferential fee structures through a coordinated rebate-fraud scheme
  • ▪Gemini allegedly made misleading statements in 2022 during the review of a Bitcoin futures contract regarding auction volumes and liquidity
  • ▪Two customers admitted defrauding Gemini of $7.5 million through a rebate-fraud scheme

Perspective of CFTC under new administration

  • ▪The US Commodity Futures Trading Commission complaint against Gemini was largely based on a whistleblower's account known to be lacking in credibility
  • ▪The US Commodity Futures Trading Commission concluded that the complaint against Gemini should not have been filed and would not have been under current enforcement standards

5 sources

Bitcoinist
CFTC Reexamines Gemini Case And Asks To Erase 2025 Settlement
View source article
Decrypt
CFTC, Gemini File Joint Motion to Reverse $5M Settlement - Decrypt
View source article
Cointelegraph
CFTC Seeks to Reverse Gemini Settlement
View source article
Cnbc
CFTC bid to vacate order against Winklevoss' crypto exchange 'very unusual': ex-agency chief
View source article
Reuters
US regulator moves to withdraw $5 million penalty against Winklevoss' crypto exchange | Reuters
View source article

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