Custody is the product
Gemini Trust Company holds a New York limited-purpose trust charter granted in 2015, which obliges it to hold customer assets segregated under NYDFS supervision — a stronger arrangement than a money-transmitter licence, and the reason its custody scores above its trading. It publishes SOC 1 Type 2 and SOC 2 Type 2 examination results, and since its Nasdaq listing in September 2025 it also files audited public accounts.
Earn is the reason people still hesitate
The lending programme that lent customer assets to Genesis collapsed with that lender in 2022. It is worth separating what failed: Earn was a credit product, not the exchange's custody, and the exchange's own safekeeping was never the subject of the actions that followed. New York's DFS and the Attorney General settled during 2024 on terms that funded restitution, Earn customers were repaid in full in kind by mid-2024, and the SEC's related claims were dismissed after that restitution. The CFTC's separate 2022 case, about statements concerning a bitcoin futures product, settled for $5m in January 2024.
The trading side is the weak half
The retail interface charges a convenience fee plus a spread; ActiveTrader runs a normal maker/taker schedule. Book depth outside the top pairs trails the majors, and the listed asset count is a fraction of what Binance or OKX offer. You are buying a custodian that happens to run an exchange, not the other way round.