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Business|May 28, 2026|2 min read

The CFTC files alongside Gemini to nullify Gemini's $5M settlement in January 2025, arguing that the agency's current management wouldn't have pursued the case

The CFTC has joined Gemini in filing a motion to vacate the exchange's $5 million settlement from January 2025, contending that current agency management would not have pursued the case under its present enforcement standards and practices.

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CoinDesk

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The U.S. Commodity Futures Trading Commission (CFTC) has initiated a motion in conjunction with Gemini Trust Company to annul the crypto exchange's $5 million settlement established in January 2025.

The motion reveals that the current management of the CFTC has concluded that the complaint which led to the original settlement "should not have been filed" when assessed against contemporary enforcement standards and regulatory practices. This marks a notable departure from the agency's earlier stance, indicating a comprehensive shift in the regulatory framework regarding cases involving cryptocurrency platforms.

By aligning with Gemini in pursuing the rescindment of the consent order, the CFTC is undertaking an uncommon action where a regulatory authority publicly renounces its former enforcement decisions. A review conducted by the agency on the 2022 case led to the determination that, given the current management's practices, the case would not have been pursued at all.

This situation unfolds against a backdrop of ongoing debates about consistency in regulation and enforcement priorities within the cryptocurrency industry. The CFTC's change in stance suggests a potential evolution in the way it assesses and addresses issues concerning digital asset platforms.

The motion is now poised for consideration at the governor's office for possible approval, which could establish a new precedent for how regulatory bodies manage previously resolved enforcement actions in light of changing enforcement philosophies.

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