Gemini Trust Company agreed to settle the CFTC enforcement action in January 2025, three weeks before the case was scheduled to go to trial after roughly three years of litigation

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Judge Alvin K. Hellerstein ruled under Federal Rule of Civil Procedure 60 that newly acquired knowledge of facts existing when the January 2025 consent order was entered does not constitute a significant change in factual circumstances

The CFTC filed a lawsuit in 2022 alleging Gemini Trust Company made false or misleading statements of material fact in 2017 regarding a Bitcoin futures contract relying on Gemini auction prices

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An internal CFTC review concluded the agency should not have filed the 2022 complaint against Gemini Trust Company over 2017 Bitcoin futures statements due to an uncredible whistleblower and a shift in enforcement priorities

Judge Alvin K. Hellerstein ruled that the CFTC's reassessment of its enforcement priorities does not require vacatur because court judgments belong to the judiciary rather than the agency

Judge Alvin K. Hellerstein rejected Gemini's claims of regulatory pressure, holding that litigating for three years before making a calculated decision to settle shortly before trial does not render Gemini's consent to settle involuntary

The January 2025 consent order between Gemini Trust Company and the CFTC imposed a $5 million civil monetary penalty and a permanent injunction barring Gemini from making false or misleading statements to the CFTC, following the 2022 Bitcoin futures lawsuit

The CFTC stated in its May 2026 vacatur filing that the Biden-administration enforcement action would not have been brought under President Donald Trump's administration and involved inappropriate litigation tactics

U.S. District Judge Alvin K. Hellerstein of the Southern District of New York denied a joint motion from Gemini Trust Company and the CFTC to vacate a January 2025 consent order on October 15, 2026

Gemini Trust Company had already paid the $5 million civil monetary penalty imposed by the January 2025 consent order, and sought no refund in the May 2026 joint vacatur motion

The October 15, 2026 court ruling leaves the permanent injunction and restrictions prohibiting Gemini Trust Company from publicly denying the 2022 CFTC case's findings in place

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