SEC Ends Gemini Probe Without Enforcement; Winklevoss Criticizes Regulatory Overreach

The United States Securities and Exchange Commission has concluded its investigation into cryptocurrency exchange Gemini, opting not to pursue any enforcement action. This decision, communicated to Gemini’s legal counsel, marks the end of a protracted inquiry that began in January 2023.

Gemini’s co-founder, Cameron Winklevoss, announced the closure of the investigation, expressing relief but also voicing strong criticism of the SEC’s approach. He stated that while the conclusion of the probe is a positive development, the extensive investigation inflicted significant financial and operational harm on the company. Winklevoss detailed that Gemini incurred tens of millions of dollars in legal expenses and suffered losses amounting to hundreds of millions due to diminished productivity, creativity, and innovation.

The SEC’s investigation into Gemini was primarily focused on the company’s “Earn” program, launched in partnership with Genesis Global Capital. This program allowed users to lend their cryptocurrency holdings in exchange for interest payments. In January 2023, the SEC charged both Gemini and Genesis with offering unregistered securities through this initiative. Despite the closure of the investigation, the SEC has indicated that this decision does not preclude the possibility of future action if new information emerges.

Winklevoss did not mince words in his critique of the SEC’s conduct, accusing the agency of engaging in tactics that he described as bullying, harassment, and unwarranted attacks on a legitimate industry. He argued that such regulatory actions have broader implications, stifling innovation and deterring economic growth within the cryptocurrency sector. Winklevoss emphasized that the damage extends beyond Gemini, suggesting that the SEC’s aggressive stance has led to substantial economic losses across the industry, including missed opportunities for growth and development.

The conclusion of the Gemini investigation is part of a broader pattern of the SEC reevaluating its approach to cryptocurrency regulation. In recent days, the agency has also closed investigations into other prominent crypto entities, including Coinbase, Uniswap Labs, and OpenSea, without pursuing enforcement actions. These developments suggest a potential shift in the SEC’s regulatory strategy under the new administration.

Former SEC Chair Gary Gensler, known for his stringent regulatory stance on cryptocurrencies, resigned on January 20, 2025, coinciding with the inauguration of President Donald Trump’s second term. Gensler’s tenure, which began in 2021, was marked by an aggressive approach toward the crypto industry, with the SEC initiating numerous enforcement actions against various crypto firms. His departure has been followed by a series of decisions indicating a possible softening of the SEC’s posture toward cryptocurrency regulation.

Winklevoss views the closure of the investigation as a significant milestone in what he terms the “war on crypto.” However, he cautioned that the damage inflicted by the SEC’s previous actions may have long-lasting effects, potentially deterring innovation and prompting talent to exit the industry. To prevent similar situations in the future, Winklevoss advocates for thoughtful legislation that provides clear guidelines for the cryptocurrency sector. He also suggests that there should be accountability measures for regulatory bodies, proposing that officials responsible for what he deems “sham investigations and baseless enforcement actions” face consequences, including termination and prohibition from future agency employment.

The SEC has not issued a public statement regarding the closure of the Gemini investigation. The agency’s recent actions, including the dismissal of cases against other cryptocurrency firms, may indicate a strategic reassessment of how to regulate the rapidly evolving digital asset landscape. Industry stakeholders are closely monitoring these developments, as they could signal a more collaborative and less adversarial regulatory environment moving forward.

As the cryptocurrency industry continues to mature, the relationship between regulatory bodies and crypto enterprises remains a critical factor in shaping the future of digital finance. The resolution of the Gemini case, along with similar recent decisions, may pave the way for a more balanced approach that fosters innovation while ensuring compliance and protecting investors.

In the wake of these developments, market participants are cautiously optimistic. The closure of high-profile investigations without enforcement actions could restore confidence and encourage renewed investment in the sector. However, the call for clear and fair regulatory frameworks persists, as the industry seeks to navigate the complexities of compliance in a landscape that has been, until now, marked by regulatory uncertainty.

Arabian Post – Crypto News Network

Also published on Medium.

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