Friday, October 16, 2026
Policy / Courts

Judge tells Gemini and the CFTC no: the $5 million settlement both sides wanted erased stays on the books

Lower Manhattan, home to the federal courthouse for the Southern District of New York, where Judge Alvin Hellerstein sits. File photo. Photo: Cornflower123 / Wikimedia Commons (CC0)

A federal judge has refused to let the CFTC undo its own case. Judge Alvin Hellerstein of the Southern District of New York on Thursday denied a motion filed jointly by the agency and Gemini Trust Company to vacate the consent order the two signed in January 2025, The Block reported. That order ended a lawsuit the CFTC brought in 2022, which accused Gemini of making false or misleading statements to staff reviewing a proposed bitcoin futures contract. Gemini paid a $5 million civil penalty and accepted a permanent injunction, three weeks before trial.

The unusual part is that the regulator switched sides. On May 27 the CFTC announced it had joined Gemini's motion after a comprehensive review concluded the complaint should not have been filed and would not be brought under current standards. The agency cited reliance on a whistleblower of questionable credibility, the pursuit of a company it now calls a fraud victim, and evidence withheld from a commissioner before the vote. Gemini argued it had settled under coercive pressure.

Hellerstein was unmoved. The facts were known before the settlement, he wrote, so they were not post-judgment developments, and the CFTC's new assessment "does not require vacatur or other relief." Gemini had litigated for about three years and knew of internal problems, including a fraud scheme involving its former chief operating officer, before choosing to settle. He also rejected the argument that President Trump's digital-asset executive order and the CFTC's new enforcement approach amounted to a change in law, Cointelegraph reported.

The penalty stays paid and the injunction stays in force. Former CFTC chair Timothy Massad told Cointelegraph that an agency trying to reverse a case it had settled was highly irregular, and that the public deserved a better explanation. Neither Gemini nor the CFTC had commented by publication.

This story is reporting and analysis. It is not financial, legal or tax advice.