Barry Silbert’s DCG Seeks Dismissal Gemini’s Lawsuit

August 14, 2023

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Digital Currency Group (DCG) and its CEO, Barry Silbert, have launched a bid to dismiss a lawsuit filed by Gemini Trust Inc., the crypto exchange owned by the Winklevoss twins.

The lawsuit, which accuses DCG and Silbert of fraud, has recently taken an intriguing turn as the defendants filed a motion in the US Southern District Court of New York to have the case thrown out.

The Origin of the Dispute

The legal disagreement stems from a decision taken by DCG’s crypto lending subsidiary, Genesis Global in November. This decision, freezing withdrawals, resulted in the impairment of hundreds of millions of dollars in assets held by Gemini’s customers.

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This tragic turn of events prompted Gemini Trust to file a lawsuit, alleging that DCG and Silbert were responsible for “fraud and deception” that resulted in financial instability and reputational damage.

Meanwhile, Genesis stated in January that it was working on repaying its debt to the Winklevoss twins’ company and resuming operations following the stoppage of withdrawals. However, the firm’s efforts to develop solutions and initiatives to decrease costs and increase efficiency across all of its businesses could not completely resolve the difficulties it faced.

DCG and Silbert Respond with Counterattack

In response to these allegations, DCG and Barry Silbert have mounted a strong defense. They filed a motion in Court challenging the foundation of the lawsuit by asserting that the claims of fraud lack substantiated evidence. The defendants’ legal team contends that Gemini has failed to effectively show accusations of fraud, which serve as the foundation of the case.

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Taking a more assertive stance, DCG and Silbert have accused Gemini and the Winklevoss twins of conducting a “character assassination campaign” against them. This accusing language emphasizes the severity and high stakes of this court struggle, exposing the rising animosity between the two parties.

The evolving narrative of this legal showdown highlights the growing complexity of the crypto sector, where substantial financial interests intersect with legal disputes. The motion to dismiss filed by DCG and Silbert will be closely watched, as its outcome could potentially reshape the norms and practices of influential crypto participants.