Page 21 - 期货和衍生品行业监管动态（2022年6月）
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期货和衍生品行业监管动态
The Commodity Futures Trading Commission today announced it has filed a
complaint in the U.S. District Court for the Southern District of New York against
Gemini Trust Company, LLC (Gemini), based in New York, N.Y., for making false or
misleading statements of material facts or omitting to state material facts to the CFTC
in connection with the self-certification of a bitcoin futures product. The CFTC seeks
disgorgement of ill-gotten gains, civil monetary penalties, injunctions relating to
registration and trading, and an injunction against further violations of the Commodity
Exchange Act (CEA), as charged.
“Making false or misleading statements to the CFTC in connection with a futures
product certification undermines the CFTC’s work to ensure the financial integrity of
all transactions subject to the CEA, protect market participants, deter and prevent
price manipulation, and promote responsible innovation and fair competition,” said
Acting Director of Enforcement Gretchen Lowe. “This enforcement action sends a
strong message that the Commission will act to safeguard the integrity of the market
oversight process.”
Case Background
The complaint alleges that from approximately July 2017 to around December
2017, Gemini, directly and through others, made false or misleading statements of
material facts, or omitted to state material facts, to the CFTC during an evaluation of
the potential self-certification of a bitcoin futures contract by a designated contract
market (DCM). The proposed bitcoin futures contract was to be settled by reference to
the spot bitcoin price on the relevant day as determined by an auction held on
Gemini’s digital asset trading platform (Gemini Bitcoin Auction).
According to the complaint, Gemini, directly and through the DCM, provided
information to the CFTC concerning Gemini’s trading platform and the Gemini
Bitcoin Auction, and certain statements and information conveyed or omitted by
Gemini were false or misleading with respect to, among other things, facts relevant to
understanding whether the proposed Bitcoin Futures Contract would be readily
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