U.S. Banks' Restriction on Crypto and Other Industries Under Scrutiny

According to Cointelegraph, the Office of the Comptroller of the Currency (OCC) has revealed preliminary findings indicating that the nine largest U.S. banks restricted financial services to politically sensitive industries, including cryptocurrency, from 2020 to 2023. The banking regulator stated that these major banks made inappropriate distinctions among customers based on their lawful business activities during this period. The banks either implemented policies that restricted access to banking services or required escalated reviews and approvals before providing financial services to certain customers. However, the OCC did not provide specific details on these practices. The OCC's investigation was initiated following an executive order signed by U.S. President Donald Trump in August, which directed a review of whether banks had debanked or discriminated against individuals based on their political or religious beliefs. The report highlighted that, in addition to cryptocurrency, sectors such as oil and gas exploration, coal mining, firearms, private prisons, tobacco and e-cigarette manufacturers, and adult entertainment also faced banking restrictions. The OCC noted that banks' actions toward crypto involved restrictions on issuers, exchanges, or administrators, often attributed to financial crime considerations. Comptroller of the Currency Jonathan Gould expressed concern over the banks' actions, stating that it was unfortunate that the nation's largest banks considered these debanking policies an appropriate use of their government-granted charter and market power. He noted that while many of these policies were publicly announced, some banks continued to deny engaging in debanking practices. The OCC's examination included major banks such as JPMorgan Chase, Bank of America, Citibank, Wells Fargo, US Bank, Capital One, PNC Bank, TD Bank, and BMO Bank. The OCC is continuing its investigation and may refer its findings to the Justice Department. Nick Anthony, a policy analyst at the Cato Institute, criticized the OCC's report, stating that it left much to be desired and failed to mention the most well-known causes of debanking. He pointed out that the report criticized banks for severing ties with controversial clients but did not acknowledge that regulators assess banks on their reputation. Anthony also noted that the report appeared to blame banks for cutting ties with cryptocurrency companies without mentioning that the Federal Deposit Insurance Corporation (FDIC) explicitly advised banks to avoid these companies. Additionally, Republicans on the House Finance Committee reported that the FDIC's 'pause letters' under the Biden administration contributed to the debanking of the digital asset ecosystem. Caitlin Long, founder and CEO of Custodia Bank, stated that the FDIC and Federal Reserve were the main culprits of crypto-related debanking under the Biden administration, not the OCC. She added that the OCC's report focused on large banks, while the supervisory priority for crushing crypto was more significant for small and mid-sized banks.