Lack of Disclosure on LUNA Costs Galaxy Digital $200 Million

Michael Novogratz’s Galaxy Digital recently agreed to pay $200 million in penalties to resolve allegations that it violated New York laws when it promoted the cryptocurrency LUNA without disclosing its financial interests in the asset. According to New York Attorney General Letitia James, Novogratz’s failure to disclose that Galaxy Digital sold its LUNA tokens while promoting them was misleading.

As part of the settlement, Galaxy Digital and its affiliates are obliged to pay $40 million within 15 days of the execution of the assurance of discontinuance (AD) issued by the attorney general. Galaxy Digital also agreed to pay another $40 million within one year, $60 million within two years, and the final payment within three years of the AD’s execution.

Attorney General James’ allegations stem from claims that Novogratz and his company played an active role in boosting LUNA’s market presence between 2020 and 2022. James’ office alleges that Galaxy Digital purchased LUNA tokens, promoted them extensively, and sold its holdings at significant profits—all without revealing its intent to sell or its financial stake in the asset.

The New York Attorney General’s office contends that this practice misled investors and contributed to LUNA’s meteoric rise from $0.31 in October 2020 to $119.18 in April 2022. It adds that Novogratz’s public endorsement of LUNA, including getting a tattoo to commemorate its price reaching $100, played a significant role in attracting investor interest.

However, the token’s collapse in mid-2022 wiped out over $40 billion in market value, leaving many investors financially ruined. The firm’s undisclosed sales of LUNA tokens, which occurred just before its collapse, raised questions about its ethical practices and compliance with New York’s stringent financial regulations, Attorney General James argued.

“Today’s settlement sends a clear message that we will not tolerate unregistered securities sales in New York,” said Attorney General James. “We will continue to protect investors and hold companies accountable for their actions.”

The settlement highlights the importance of transparency in the cryptocurrency industry, particularly as digital assets continue to gain mainstream attention.

While Galaxy Digital did not admit wrongdoing, the New York Attorney General’s office concluded that the relief and agreements contained in the Assurance of Discontinuance were appropriate and in the public interest. Meanwhile, the Assurance of Discontinuance outlines the conditions under which the office may initiate a subsequent investigation or civil action against Galaxy Digital and its affiliates.

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