A Judge in New York on Friday gave up that the majority of New York Court Attorney Latitia James’ civilian securities fraud against Crypto Venture Firm Digital Currency Group (DCG) and two of its leaders can continue to trial.
In 2023, James James sued DCG and its CEO Barry Silbert, DCG’s Nu-Bankrupt Lending Arm Genesis Global Capital and its former CEO Michael Moro and Crypto Exchange Gemini, claiming they worked together to cover a gaping 1 billion hole in 1.
James said that DCG and Genesis made “fake insurance” on social media that DCG had absorbed Genesis’ loss from 3AC’s implosion as they actually had the paper over the hole with a promissory note asking to pay $ 1.1 billion over 10 years to 1% pure. While DCG Adamant has maintained that the current note was legitimate, James’ suit claimed that DCG “has never made a single payment under the note.”
While Gemini and Genesis both settled with OAG, DCG, Silbert and Moro have fought them for tooth and nails. Last spring, DCG and both leaders filed decisions to reject the case and claimed that the lawyer’s office (OAG) had failed to indicate a claim – essentially argued that they did not sell securities and therefore should not be sued under the New York State Securities Laws.
But the judge, who was chairman of the case, disagreed with his Friday decision and wrote that OAG at least at the current stage of the case claimed sufficiently that the Gemini Earn program-the now closed Gemini-Loan Product, who went into Bally-Up in November 2022, and which is at the center of James’ case.
However, Crane agreed to throw two of James’ allegations against DCG, Moro and Silbert – a claim under New York’s executive that they were exercising in a scheme to scam in the first degree, and another that they were merging a fifth degree – a decision that these claims were duplicate.
Although Crane gave the case to continue, DCG said it has not finished fighting.
“As we have said from the start, the accusations against DCG are a thin web of Innuendo, miscarriage and non -supported conclusions,” a spokesman for DCG told Coindesk. “We are encouraged by the referee’s dismissal of the New York Court Attorney’s most scandalous claims based on alleged violations of criminal fraud and conspiracy provisions. We will continue to fight this baseless trial as we remain focused on our mission in support of industry digital assets.“