Gemini customers put their own money into the 'earn' program, and if it was anything like Celsius, there's a different set of Customer Agreements for different services.

Ie. Gemini didn't 'funnel' any funds, customers' choose whether their funds were put.

I doubt Gemini has anything at risk beyond reputational damage, but they have to make a fight on behalf of their customers to mitigate the reputational damage.