Commodity Futures Trading Commission v. Gemini Trust Company, LLC
| New York Southern District Court | |
| Judge: | Alvin K Hellerstein |
| Case #: | 1:22-cv-04563 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 07:0013a-1 Enjoin or restrain violations Contract Market rules |
| Case Filed: | Jun 02, 2022 |
| Last checked: Friday Jul 21, 2023 1:16 PM EDT |
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Defendant
Gemini Trust Company, LLC
315 Park Avenue South
New York, NY 10010 |
Represented By
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Plaintiff
Commodity Futures Trading Commission
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Represented By
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| Docket last updated: 01/08/2025 11:59 PM EST |
| Monday, January 06, 2025 | ||
| 211 | 211
order
Permanent Injunction
Mon 01/06 4:13 PM
CONSENT ORDER FOR PERMANENT INJUNCTION, CIVIL MONETARY PENALTY AND OTHER EQUITABLE RELIEF AGAINST DEFENDANT GEMINI TRUST COMPANY, LLC On June 6, 2022, Plaintiff Commodity Futures Trading Commission ("Commission" or "CFTC") filed a Complaint against Defendant Gemini Trust Company, LLC ("Gemini Trust" or "Defendant") seeking injunctive and other equitable relief; as well as the imposition of civil penalties, for violations of the Commodity Exchange Act ("Act"), 7 U.S.C. §§ 1-26, and the Commission's Regulations ("Regulations") promulgated thereunder, 17 C.F.R. pts. 1-190 (2024). To effect settlement of all charges alleged in the Complaint against Defendant without atrial on the merits or any further judicial proceedings, Defendant: 1. Consents to the entry of this Consent Order for Permanent Injunction, Civil Monetary Penalty, and Other Equitable Relief Against Defendant ("Consent Order"); The Court, being fully advised in the premises, finds that there is good cause for the entry of this Consent Order and that there is no just reason for delay. The Court therefore directs the entry of the following Findings of Fact, Conclusions of Law, permanent injunction and equitable relief pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1, as set forth herein. IT IS HEREBY ORDERED THAT: 50. Based upon and in connection with the foregoing conduct, pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1, Defendant is permanently restrained, enjoined and prohibited from making false or misleading statements or omitting to state material facts to the Commission, in violation of Section 6(c)(2) of the Act, 7 U.S.C. § 9(2). Defendant shall pay a civil monetary penalty in the amount of five million dollars ($5,000,000) ("CMP Obligation"), within ten days of the date of the entry of this Consent Order. If the CMP Obligation is not paid in full within ten days of the date of entry of this Consent Order, then post-judgment interest shall accrue on the unpaid portion of the CMP Obligation beginning on the date of entry of this Consent Order and shall be determined by using the Treasury Bill rate prevailing on the date of ent1y of this Consent Order pursuant to 28 U.S.C. § 1961. There being no just reason for delay, the Clerk of the Court is hereby ordered to enter this Consent Order for Permanent Injunction, Civil Monetary Penalty, and Other Equitable Relief Against Defendant Gemini Trust Company, LLC forthwith and without further notice. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/6/2025) (jca) Transmission to Finance Unit (Cashiers) for processing. |
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| 210 | 210
misc
Proposed Consent Order
Mon 01/06 11:18 AM
PROPOSED CONSENT ORDER. Document filed by Commodity Futures Trading Commission..(Tomer, K. Brent) |
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| 209 | 209
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pgs
misc
Letter
Mon 01/06 11:16 AM
LETTER addressed to Judge Alvin K. Hellerstein from K. Brent Tomer dated January 6, 2025 re: Proposed Consent Order. Document filed by Commodity Futures Trading Commission..(Tomer, K. Brent) |
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| Monday, December 30, 2024 | ||
| 208 | 208
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pgs
order
Order ~Util - Set Hearings
Mon 12/30 10:39 AM
ORDER REGULATING PROCEEDINGS. The final pre-trial conference previously scheduled in this matter for January 6, 2025 is hereby adjourned to January 13, 2025. The trial previously scheduled to begin on January 13, 2025 is hereby adjourned to January 21, 2025. All pre-trial filings must be submitted to the Court by January 10, 2025. Due to the schedules of oncoming trials, no further adjournments will be granted. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/30/24) (yv) |
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