A U.S. judge reinstates fraud charges against Barry Silbert and DCG

A federal judge in Connecticut has reinstated the common law fraud claims by investors in the Genesis Yield lawsuit against Digital Currency Group founder Barry Silbert, DCG, and other defendants, while allowing the federal securities law-related claims in the case to proceed. This ruling revises an earlier decision made by the court in February of this year.

The plaintiffs previously argued that the court had the authority to hear their state law claims under the Class Action Fairness Act. Judge Stefan Underhill accepted this view and reconsidered the relevant state law claims. The case revolves around the failed Genesis Yield lending program, which allowed users to deposit cryptocurrency assets and earn interest. Investors allege that Silbert, DCG, and other defendants misled customers about the company's financial health and risk management, despite knowing there were issues, before Genesis suspended withdrawals and filed for bankruptcy in early 2023.

However, not all state law claims were reinstated. The court dismissed four state consumer protection-related claims and paused three other related claims. Overall, this ruling has brought the fraud liability dispute against DCG and Silbert back into focus in the case.