Digital Currency Group sues subsidiaries over $1.1B promissory be aware

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Update (Aug. 15 at 11:40 pm UTC): This article has been up to date to incorporate an announcement from Genesis’ counsel.

Venture capital agency Digital Currency Group (DCG), the father or mother firm of many entities tied to cryptocurrency and blockchain, has filed a grievance in opposition to two of its subsidiaries over a promissory be aware to protect in opposition to the 2022 default of Three Arrows Capital (3AC).

In a Thursday submitting within the US Bankruptcy Court for the Southern District of New York, DCG alleged that Genesis Global Capital and Genesis Asia Pacific, each underneath the enterprise capital agency, owed their father or mother firm overpayments primarily based on recoveries from 3AC.

The grievance mentioned that DCG issued a $1.1 billion promissory be aware to the Genesis entities, which profited by “a whole lot of thousands and thousands of {dollars}“ with out struggling any loss from the default of 3AC in 2022.

According to DCG, the corporate issued a 10-year promissory be aware to Genesis Global Capital in June 2022 as a safeguard in opposition to any potential “gap” in Genesis Asia Pacific’s fairness that would have been brought on by the collapse of 3AC, one in all Genesis’ debtors. DCG alleged that reasonably than dealing with vital liquidity issues from 3AC, Genesis “reap[ed] an enormous windfall” and was obligated to return funds made on the promissory be aware. 

Digital Currency Group grievance in opposition to Genesis. Source: US Bankruptcy Court for the Southern District of New York

The latest grievance was simply the newest authorized entanglement between DCG and Genesis over the collapse of 3AC. In May, Genesis filed lawsuits in opposition to its father or mother firm, associates and CEO Barry Silbert, alleging fraud, insider enrichment and hid transfers. The firm sought $3.3 billion over DCG allegedly withdrawing funds earlier than Genesis’ chapter. 

“DCG’s unfounded, haphazard and handy about-face to withhold 3AC distributions is meritless,” mentioned Luke Barefoot, a associate at regulation agency Cleary Gottlieb and counsel to Genesis, in an announcement to Cointelegraph. “It flatly contradicts the written agreements, DCG’s representations to the chapter courtroom, and the truth that DCG already handed over $100M+ in distributions.”

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The $1.1-billion promissory be aware talked about within the submitting was issued in response to the collapse of 3AC, with Genesis doubtlessly dealing with a shortfall in its fairness for the second quarter of 2022.

However, DCG famous that “cryptocurrency costs ultimately recovered,” permitting Genesis to make use of 3AC’s collateral — shares of Grayscale’s Bitcoin Trust, which elevated in worth with the worth of the cryptocurrency — to revenue from the loans. 

“[T]he incremental quantities realized by Genesis after issuance of the Note have been, primarily based on the pleadings filed by Genesis on this Court looking for approval of that transaction, excess of ample to beat the prior $1.1 billion collateral shortfall—and, on info and perception, allowed Genesis to revenue from [3AC]’s default by recovering almost $2.8 billion on the unique $2.36 billion in [3AC] Loans,” mentioned the submitting.