DCG and Silbert have denied that the promissory notice was a sham. Of their motions to dismiss, legal professionals for DCG and Silbert claimed that the notice was absolutely vetted and binding, including that, along with the notice, DCG transferred lots of of thousands and thousands 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, had been merely “company puffery” – not lies.
