Consumer complaint received 2022-12-30
Company: Winklevoss Exchange LLC
State: WA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Gemini Trust - Gemini Trust Company , LLC XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX, NY XXXX Attn : Gemini Earn Email : XXXX XXXX. Has been withholding funds from redemption, from myself and thousands of customers. I submitted a redemption request for my life savings on XX/XX/XXXX. 

2. Gemini and their Earn program falsely advertise and claim that all funds are held XXXX on their platform and that they may be redeemed at any. 

3. They sent an email ON XXXX XXXX! XX/XX/XXXX that a response is required to agree to a Master Loan Agreement that I have never seen. Reading this for the first time, I sent an email and included the CFPB. 

NO AGREEMENT AND DEMAND OF ASSETS/FUNDS PER SECTION 23 : I have never agreed to, nor was ever made aware of any agreement between Gemini Trust and XXXX XXXX and therefore can not agree to a new XXXX in the short 7 day time frame given, during the XXXX XXXX holidays, and without legal representation. 

This is the first time I have seen any such agreement. However, I am capable of reading, and again, without legal representation to guide me, I hereby invoke Section 23 and TERMINATE THIS AGREEMENT AND DEMAND THE IMMEDIATE RETURN OF ALL OF MY ASSETS THAT HAVE BEEN WITHHELD FROM ME ON THE GEMINI PLATFORM, IN BREECH OF AGREEMENT, AND IN BAD FAITH. 

Section 23, XXIII. Term and Termination. 

This Agreement may be terminated by any Party by providing thirty days ' written notice to the other Parties.

In the event of a termination of this Agreement, any Loaned Assets shall be redelivered immediately and any fees owed shall be payable immediately. 


2. My original request for redemption of my funds of over {$170000.00} out of the Gemini Earn Program was made on XX/XX/XXXX and therefore, GEMINI TRUST is in breach of its agreement with me, per its own assurances made via email, that my funds ARE AVAILABLE FOR REDEMPTION AT ANY TIME. 
XXXX XXXX XXXX XXXX. AT NO TIME WAS I EVER INFORMED THAT MY FUNDS IN GEMINI WERE AT RISK OF BEING WITHHELD OR WITH ANOTHER PARTY. 

On XX/XX/XXXX, I emailed Gemini Support to asked how the Earn program works, Gemini Support gave me this answer, which is semi-incorrect, because some of funds were in the Gemini Dollar which is XXXX to the US dollar and does not fluctuate per their own words and advertisement. I then proceeded to put most funds safely into the GEMINI DOLLAR XXXX WITH US DOLLAR TO EARN INTEREST AND I TOLD FRIENDS THE GEMINI DOLLAR WAS SAFE. 
XXXX XXXX. TO THIS DATE, GEMINI TRUST MISLEADS AND MISINFORMS THE PUBLIC AND THEIR CUSTOMERS BY CLAIMING ALL FUNDS ARE HELD XXXX ON GEMINI AND AVAILABLE FOR WITHDRAWAL AT ANY TIME. 
XXXX XXXX. NOT ALLOWED TO USE PLATFORM? This makes NO SENSE AND SEEMS VERY ILLEGAL. 

ONLY I AM ALLOWED TO GET INTO MY ACCOUNT and withdraw or move my funds. So until all of my assets are safely returned into my bank account or another XXXX platform and the XXXX IRS TAX DOCUMENTS are issued, I will need access to the platform. 

Gemini Trust must provide clarity as to how you will give me my XXXX tax documents and move my remaining crypto assets out of my account if I am no longer able to do so, per your email. 


6. GEMINI TRUST IS UNSAFE AND DOES NOT EVEN HAVE ACCOUNT NUMBERS, AND IS EASILY BREECHED. 

I emailed Gemini Support and asked what my account number was, and was told that they dont have account numbers, only my unique and safe email address. This is incredibly irresponsible. EVEN SENIOR CITIZENS KNOW THAT EMAILS CAN BE HACKED AND ARE NOT SAFE. 

In fact on XXXX, I was unable to get into the platform due to your DATA HACK/BREECH. Therefore my funds are not safe and I do not want to use the Gemini Platform. 

************************************** IN SUMMARY, GEMINI TRUST HAS BROKEN ALL TRUST, MISLED, MISINFORMED AND RUINED THE FUTURE OF XXXX FOR ME AND CAUSED GRAVE HARM. 

I do thank you for ; - The immediate return of my money into my US bank account. 
- Clarification and help to move my remaining off the platform- How I will receive my XXXX Tax Documents for the IRS. 

EMAIL FROM GEMINI " TRUST '' Hi there, We are writing to remind you that all Earn updates and FAQs are posted to our Earn update page here. At a minimum, we will post to this page every Tuesday and Friday until a resolution is reached. We are striving to provide as much transparency as possible in the process. 
We greatly appreciate your patience while we work towards a resolution for the recovery of your assets. We continue to work with XXXX and XXXX and are operating with the utmost urgency. All parties remain engaged and collaborative. We will continue to work on your behalf around the clock through the holidays we will not be slowed down because of this. 
As part of our recovery efforts, we have entered into a new XXXX XXXX XXXX ( XXXX ) with XXXX. The only difference between the old XXXX and new XXXX is the dispute resolution provision. We have determined that a different arbitration forum National Arbitration and Mediation can better streamline the resolution of any potential dispute so that we can maximize our efforts to achieve a timely and global resolution for you to get your assets back. This directly benefits you and all Earn users. Your support and understanding has allowed us to focus entirely on advocating for you and the return of your assets it is truly appreciated. 
If you have not already agreed to the new XXXX and you do not agree to be bound by it, you should not access or use Gemini and you must send an email from the email address registered with your Gemini Account to customer support at XXXX within 7 days, saying that you do not agree to the new XXXX. Thank you. 
Team Gemini

Company response to consumer: Closed with explanation