Gemini’s complaint against the CFTC’s Enforcement Division centers on allegations that it waged a seven-year lawfare campaign driven by personal ambition and fueled by revenge stemming from Gemini’s former operating chief Benjamin Small’s false whistleblower claims.

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Gemini claimed that the DOE’s investigation and lawsuit relied on a false whistleblower report filed in 2017 by the exchange’s former operating chief, Benjamin Small, who allegedly undertook a “malicious campaign” against the exchange after it fired him.
The company alleges the entire investigation stemmed from a "lie-riddled whistleblower submission by a discredited former employee" seeking revenge after being fired.
Gemini has accused the Commodity Futures Trading Commission (CFTC) staff of waging a “trophy-hunting lawfare” campaign based on “fabricated” statements and unfairly weaponizing the Commodity Exchange Act (CEA) against the crypto exchange for over seven years.

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