Representative Cases in the Crypto Space

• Uniswap Class Action – Risley et al. v. Universal Navigation Inc. (SDNY)
  K&S serves as lead counsel in this landmark case involving the sale of fraudulent tokens on decentralized exchanges.  The U.S. Court of Appeals for the Second Circuit reinstated fraud claims on appeal.  The Second Amended Complaint can be found here.  
• Gemini Earn Arbitrations (Ongoing)
  Representing over 100 claimants in arbitrations related to Gemini Earn’s marketing, asset custody, and missed payments.
• Crypto Account Breaches – Coinbase, Gemini, other centralized exchanges and cell phone service providers
  Filed legal actions and negotiated settlements for victims of SIM swaps, phishing attacks, and hacked crypto accounts / wallets.
• NFT and Token Scam Victims
  Legal support for investors defrauded through false advertising, rug pulls, and fake NFT projects.
• DeFi Investment Losses
  Advised investors in lending/staking platforms

 Why Crypto Investors Turn to Kim & Serritella LLP

As the crypto space grows, so does the complexity and risk of investment fraud. Many centralized and decentralized platforms operate with minimal oversight, exposing investors to:

• Lack of asset protection
• Opaque loan or staking mechanics
• Misleading statements about yield or custody
• Vulnerability to rug pulls, token inflation, or unregistered securities

James R. Serritella, head of litigation and crypto practices, has been quoted in The New York Times, Wall Street Journal, and Bloomberg, and leads our efforts in cutting-edge crypto cases.

Crypto Fraud FAQ – Know Your Rights

What is a rug pull?

A rug pull is a scam where a token or NFT project is hyped by its developers, only for them to suddenly disappear after collecting investor funds — leaving tokens worthless.

What is a Honeypot?

A honeypot is a type of smart contract scam or fraudulent token typically deployed on decentralized exchanges (DEXs). These tokens are designed to lure in unsuspecting investors. Victims are unable to sell the scam token because of the underlying code in the smart contract that restricts them from selling and locking their funds.

What is a SIM swap?

A SIM swap is a type of identity theft where a scammer misleads a mobile carrier into switching your phone number to a SIM card they monitor. With control of your number, the scammer will receive calls and text messages, including two-factor authentication (2FA) codes, which will allow them access to your financial accounts and cryptocurrency accounts.

What is Two Factor Authentication, also known as 2FA?

2FA is a security process that adds an extra layer of protection to your online accounts by requiring two different forms of credentials to verify your identity before granting access. The most commonly used verification practices are passwords and codes generated by authenticator apps or sent via text message. Given how susceptible cell phones are to attack, using an authenticator app for 2FA is generally safer than receiving text messages for 2FA.

Can I sue if I lost crypto in a SIM swap attack?

Yes. Our crypto fraud attorneys have successfully pursued claims against both crypto platforms and mobile providers. Victims of SIM swapping often lose access to two-factor authentication and suffer major financial theft.

Was the Gemini Earn program fraudulent?

Although they deny wrongdoing, we allege that Gemini and the Winklevoss twins (Cameron and Tyler) misled investors about the safety, security and liquidity of Earn funds, and that Gemini and the Winklevoss twins committed fraud and violated consumer protection and securities laws.

What legal options exist for DeFi platform losses?

If you lost funds in a lending or borrowing protocol, you may have a legal claim — especially if key risks were not disclosed or your funds were improperly handled. These platforms may have violated U.S. securities regulations.