Why America is great. Jonathan Majors found guilty of assaulting and harassing his ex-g/f, Grace Jabbari & he gets cancelled. Whereas a federal appeals court upheld the jury's verdict finding that Donald Trump sexually abused writer E. Jean Carroll and he gets elected President.
@djvlad Texting minors! Is this made up?
Birds of a feather possibly?
I dunno, but I know trying to get the Princeton Professor @morganjerkins fired for her response to you, that is a Vulture move, baby....#adorableFacts
@djvlad Anyone can have an opinion. You behave as if you have Authority because you rank yourself as an Authority on Hip Hop culture, sad. Also trying to get Princeton Professor @MorganJerkins fired is a Sucka Move.
Princeton > Berkley
The OAG investigation found that in July 2022, @Gemini board of managers discussed ending the Gemini Earn program because of the risks associated with Genesis, and one board member even compared Genesis’ financial condition to that of Lehman Brothers b4 its collapse
February 2022, Gemini revised its estimate of Genesis’ credit rating from BBB (investment grade) to CCC (junk grade) but did not publicly reveal to investors that it downgraded its rating and continued to market Earn as low-risk....
Why is no one discussing this? I am officially (supposedly) getting 100% + interest of my assets left in @Gemini earn over 18 mos ago. Never honestly expected this outcome, but I ain't mad at it. #Eth#Gemini#BTC
@tyler Well you guys didn't understand the concept of Fiduciary responsibilty and its rules and regulations. So I'm sure the owner thought you guys most definitely would not understand the game of football and its rules...
Man @Gemini, @DCGco, @BarrySilbert, @tyler@cameron You Guys are the textbook of Scamming and the Crypto Industry is too quiet about it. Wonder Why?
https://t.co/a6LkPJIAut
I'm wondering how the SEC’s request for permanent injunctive relief and disgorgement against both firms @Gemini & @GenesisTrading works for @GeminiEarnVctms Any ideas? https://t.co/NYI74Q6dst
Summary of the SEC v. Genesis and Gemini order on defendants' motion to dismiss.
1) SEC has alleged enough now to allow them discovery into facts establishing that Gemini Earn program violated the securities laws under both the Howey and Reeves tests.
2) Howey is really flexible and can be adjusted to apply to countless variable schemes
3) Horizontal commonality sufficiently alleged because all Earn user funds were given to Gemini to manage as a pool.
4) Expectation of profits sufficiently alleged because it was marketed as an investment opportunity and Gemini touted the returns the program offered, and that those returns were predicated on Genesis' efforts
5) SEC sufficiently alleges that the Earn customer agreements were notes, and all notes are presumed securities where none of the enumerated exceptions clearly apply.
6) Based on the allegations, motivations of the parties were more investment than commercial; the earn program was sold to the general public; the public reasonably understood Earn to be an investment; and there is no alternative regulatory scheme that applies, because the NYDFS did not supervise this specific program, and any NJ state regulation isn't sufficient to mitigate risks.
7) These Earn agreements were "sales" or "offers to sell" because that's what happened in the transaction when considered in its entirety.
8) While the Earn agreements were between the customer and the borrower of customer funds, Gemini could still be an issuer because the SEC alleges it was engaged in steps necessary to the distribution of Earn program, specifically creating, marketing and otherwise facilitating the program.
9) It's premature to strike SEC's request for a permanent injunction of the Earn program, and Gemini will remain active in crypto so such relief may be warranted.
10) It's premature to strike SEC's request for disgorgement of any profits from the Earn program. If the SEC wins the case, then Gemini might be forced to give up what they earned unjustly.