CustodyStress
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Part of the CustodyStress archive of observed Bitcoin custody incidents
CS-01189

Platform bankruptcy — Gemini (2023)

Constrained
Case description
On 12 January 2023, the SEC charged Genesis Global Capital and Gemini Trust Company with the unregistered offer and sale of securities through the Gemini Earn program. The charge added a regulatory enforcement layer to the existing custody blockage: customers whose assets were frozen in Genesis now faced an additional proceeding that would need to resolve before distributions could occur. The dual tracks of bankruptcy court and SEC enforcement created a more complex and slower path to recovery.
Custody context
Stress conditionVendor lockout
Custody systemExchange custody
OutcomeConstrained
DocumentationUnknown
Year observed2023
CountryUnited States
Structural dependencies observed
Institutional cooperation required
What this illustrates
Getting access back required help from an institution — and that help wasn't available. Whether full access was ultimately possible is unclear, but significant delay or outside intervention was involved.
Outcome interpretation
Access remained possible, but only with delay, dependence, or significant difficulty.
Source
Publicly Reported
Evidence type
News article
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Framework references
Terms guide
Survives
Access remained possible under the reported conditions.
Constrained
Access remained possible, but only with delay, dependence, or significant difficulty.
Blocked
Access was not possible under the reported conditions.
Indeterminate
There was not enough information to determine the outcome.
Single-person knowledge
Recovery depended on information or capability held by one individual who was unavailable.
Institutional dependence
Recovery depended on a third-party institution or service that was inaccessible or uncooperative.
Documentation gap
Recovery depended on instructions that were missing, incomplete, or unclear.
Authority mismatch
The person with legal authority to act did not have operational access, or vice versa.
Original text
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