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Judge Revives Fraud Claims Against Barry Silbert and DCG in Genesis Yield Case - Crypto Economy
TL;DR:
The fraud lawsuit against Barry Silbert, Digital Currency Group (DCG), and other involved parties was revived this Monday by a U.S. federal judge. The judicial ruling allows fraud allegations under New York common law to advance alongside federal securities claims.
The Court revives state charges over the Genesis Yield program

The recent order by Judge Stefan Underhill modifies a legal stance taken in February 2026. U.S. judicial sources indicated that the plaintiffs successfully argued that the court possesses the relevant authority under the Class Action Fairness Act to evaluate violations based on state statutes.
The judge validated these formal arguments and reintroduced the fraud accusation. However, consumer protection lawsuits in California, Florida, and New York remained on temporary hold, while claims based on the laws of Illinois, Kansas, Nevada, and Texas were definitively dismissed.
The class action legal process concentrates on Genesis Yield, a financial product that allowed the deposit of cryptocurrencies in exchange for periodic interest payments. According to the objections filed by the affected users, corporate executives misled the client base regarding existing risk controls and operational liquidity balances prior to the total suspension of fund withdrawals in November 2022 and the lender’s subsequent bankruptcy declaration in early 2023.
Corporate defense against commercial fraud charges
The multinational company DCG labeled the accusations brought against it as baseless. Official spokespersons for the business conglomerate stated in previous communications that they will maintain a vigorous defense of their position in the corresponding courts. However, the judge’s analysis determined that the evidence and stories submitted by the affected parties carry sufficient weight to continue the civil trial for commercial fraud.
The regulatory framework governing this litigation entails a deep review of the capital structure employed by the firm’s institutional ecosystem. Data provided in the case files of co-lead law firms, such as Silver Golub & Teitell, detail that the claims encompass commercial operations carried out between February 2, 2021, and November 16, 2022—a period during which key firms in the sector collapsed, such as the hedge fund Three Arrows Capital, which represented nearly 30% of Genesis’s total loan book.
The resolution leaves unchanged the judicial determination of February 2026, which ratified that the Genesis Yield program is legally classified as an investment contract. With this foundation of U.S. corporate law, the evidentiary discovery process will continue its regular course. The case’s next milestone will occur with the mandatory delivery of internal communications and accounting ledgers from the defendants to the representatives of the prosecuting party.