Specifically, it’s not just for losing money, but for lying to investors about the level of risk in those investments. The lawsuit claims the companies knew the investments were risky and led investors to believe they were safe.
I feel the onus is slightly on the customer here because pretty much everyone knows that crypto is extremely unstable, and if you didn't know that, but just threw money at it because people told you, that's your fault.
Last November, Gemini paused withdrawals from its Earn program in the wake of the FTX collapse, preventing customers from accessing their funds. The New York Post reported in September that the Winklevoss twins allegedly withdrew $280 million from Genesis before the firm ultimately collapsed.
Additionally, James is suing Genesis and its DCG parent company for allegedly trying to cover up over $1 billion in losses.