McGreevy, et al., v. Digital Currency Group, Inc., et al.

United States District Court – District of Connecticut

Class Period: February 2, 2021 – november 16, 2022

Attorneys:

Donnie Hall

Donald R. Hall

DHall@kaplanfox.com
Jeff Campisi

Jeffrey P. Campisi

JCampisi@kaplanfox.com

Documents:

Federal Judge Allows Core Securities Claims in McGreevy, et al., v. Digital Currency Group, Inc., et al. to Proceed

A Connecticut federal judge has allowed key federal securities claims to move forward in in McGreevy, et al., v. Digital Currency Group, Inc., et al. pending in the United States District Court for the District of Connecticut (Case No. 3:23-cv-00082) (SRU). In a 50‑page ruling issued February 24, 2026, U.S. District Judge Stefan R. Underhill granted in part and denied in part the defendants’ motions to dismiss.

The court concluded that investors plausibly alleged that the Genesis Yield program was a security—either as an investment contract under Howey or a note under Reves.

The court found that the Third Amended Complaint adequately alleged that, following the collapse of Three Arrows Capital, Genesis became insolvent and DCG and its executives engaged in a scheme to conceal that insolvency, including by exchanging the uncollectable $1.1 billion 3AC debt for a 10‑year DCG promissory note that was allegedly misrepresented as a current, high‑value asset.

The court held that the plaintiffs sufficiently pled claims under Sections 5, 12(a)(1), and 15 of the Securities Act of 1933, and adequately alleged material misstatements, scienter, reliance, and loss causation, allowing their claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 to proceed. However, the court declined to exercise supplemental jurisdiction over the plaintiffs’ state consumer protection and common‑law fraud claims, dismissing those counts without prejudice.

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