DCG and Silbert have denied that the promissory observe was a sham. Of their motions to dismiss, attorneys for DCG and Silbert claimed that the observe was absolutely vetted and binding, including that, along with the observe, DCG transferred lots of of tens of millions of {dollars} and property into Genesis to fill the opening in its stability sheet. The tweets reassuring buyers of Genesis’ “sturdy” stability sheet, they argued, have been merely “company puffery” – not lies.
