Cryptocurrency exchange Gemini has asked a federal judge to dismiss an SEC lawsuit that accused the site of selling unregistered securities under the Gemini Earn program.

Gemini lawyers have rebutted the U.S. Securities and Exchange Commission (SEC) argument that the Gemini Earn Interest Program and the Digital Asset Loan Agreement (MDALA) should qualify as sales to customers. In January, the agency asked a court to ban Gemini Earn, saying that the Genesis service and Gemini platform raised billions of dollars worth of crypto assets from 340,000 retail investors through the program.

Lawyers left open whether Gemini Earn and MDALA could be linked to the securities, but denied the SEC’s claim that they were sold to clients as unregistered securities. The lawyers explained that the loan agreements were not offered or sold to clients. Receiving interest on invested crypto assets is not considered a sale of securities, since we are talking about borrowed assets that can be returned at the request of the client. Therefore, the SEC’s arguments are inconsistent, Gemini said in the petition.

“Even a kid playing lemonade stand knows that when something is sold, ownership of the thing—in this case, lemonade—passes from the seller to the buyer in exchange for money. Even if MDALA is related to securities, we are not talking about a sale,” the lawyers wrote.

Recall that in July, Gemini co-founder Cameron Winklevoss sued the Digital Currency Group (DCG) and its CEO Barry Silbert for failing to pay $1.46 billion to creditors about the Gemini Earn program.