AIDebanking of crypto firms, conservatives, and consumers by banks and regulators

Digital Assets and Bank RegulationSenate Banking, Housing, and Urban Affairs · February 5, 2025 · 119th Congress
The Senate Banking, Housing, and Urban Affairs Committee first held a brief organizational business meeting to adopt its budget resolution for the 119th Congress, then convened a hearing to examine "debanking" — the practice of banks or regulators cutting off financial services to legal businesses and individuals. Begins at ▶ 0:18:46
Transcript
Highlights

Title

Debanking of crypto firms, conservatives, and consumers by banks and regulators

Purpose

The Senate Banking, Housing, and Urban Affairs Committee first held a brief organizational business meeting to adopt its budget resolution for the 119th Congress, then convened a hearing to examine "debanking" — the practice of banks or regulators cutting off financial services to legal businesses and individuals. Witnesses included Anchorage Digital CEO Nathan McCauley, Old Glory Bank CEO Mike Ring, attorney Stephen Gannon of Davis Wright Tremaine, and Brookings Institution fellow Aaron Klein, who addressed crypto-industry debanking, regulatory discretion, and consumer protection. The hearing also became a venue for a sharp partisan dispute over Elon Musk and DOGE's access to Treasury payment systems. Begins at▶ 0:18:46

Who spoke

• Chair Tim Scott (R-SC)▶ 0:18:46: Opened the session and had the committee approve its budget resolution by voice vote▶ 0:19:16; described his family's history with banking discrimination and announced the hearing's focus on debanking▶ 0:19:54▶ 0:24:33; cited FDIC documents released that morning as confirming "Operation Chokepoint 2.0"▶ 0:26:01.

• Sen. Elizabeth Warren (D-MA), Ranking Member▶ 0:27:32: Said her staff identified 11,955 CFPB complaints of wrongful account denial or closure over three years, with four megabanks accounting for half▶ 0:29:07▶ 0:30:49; warned that Treasury Secretary Bessent's freeze on CFPB enforcement will let more Americans be unfairly debanked▶ 0:32:43; pressed McCauley on whether debanked consumers deserve appeal rights▶ 1:03:09.

• Nathan McCauley, CEO/co-founder, Anchorage Digital▶ 0:34:09: Said Anchorage is the only OCC-chartered crypto bank in the country▶ 0:35:31; described losing its corporate bank account with 30 days' notice in June 2023 and being turned down by roughly 40 banks afterward▶ 0:35:58▶ 0:36:50; said the fallout contributed to laying off 70 U.S. employees, about 20% of staff▶ 0:38:21; later urged the committee to hold an urgent hearing on DOGE's access to Treasury payment systems▶ 1:35:39.

• Stephen Gannon, partner, Davis Wright Tremaine▶ 0:39:26: Argued regulators exploit vague terms like "reputation risk" and "management" to exercise near-unlimited discretion over banks▶ 0:40:50▶ 0:41:48; cited a Fed report showing two-thirds of large banks were rated "not well managed" despite record capital▶ 1:10:34; confirmed the first Trump administration's Fair Access to Banking rule was revoked the day President Biden was sworn in▶ 1:42:43.

• Mike Ring, President/CEO/co-founder, Old Glory Bank▶ 0:44:59: Said Old Glory grew from 300 customers to more than 50,000 across all 50 states with $170 million in deposits▶ 0:48:35; distinguished regulator-driven debanking (citing FIL-1622 and SEC SAB 121) from voluntary "participant" debanking by big banks over political causes▶ 0:46:48▶ 0:47:43; said 229 banks closed nationally in the last two years▶ 0:49:57.

• Aaron Klein, Senior Fellow, Brookings Institution▶ 0:50:44: Said roughly 10% of U.S. households are or were unbanked in the past year▶ 0:50:44; proposed reforms including mandatory Bank On-style accounts and real-time payments, estimating delayed payments cost consumers over $100 billion a year▶ 0:51:42▶ 0:53:30; cited one bank generating $92 in overdraft fees per customer versus about $1 at Bank of America▶ 0:52:37; said only 27 of 27 million Suspicious Activity Reports led to a prosecution▶ 1:58:38.

• Sen. Mike Rounds (R-SD)▶ 1:06:11: Established that McCauley's closed accounts were basic checking accounts holding legal capital reserves▶ 1:07:04; pressed Gannon on whether banks simply don't want certain customers or are forced by regulators to shed legal industries▶ 1:08:39.

• Sen. Jack Reed (D-RI)▶ 1:11:35: Asked Klein to explain the value of reputational risk as a supervisory factor with guardrails, referencing the SAFE Banking Act compromise▶ 1:11:59; questioned Ring on crypto's role in money laundering and financing groups like North Korea▶ 1:13:13.

• Sen. Thom Tillis (R-NC)▶ 1:17:05: Said overregulation eliminated personal-relationship lending like the "90-day note" his father once relied on▶ 1:17:36; argued reputational risk has been "overused" by examiners and shouldn't shift with each administration▶ 1:20:08.

• Sen. Mark Warner (D-VA)▶ 1:22:19: Argued reputational-risk logic should apply to the federal government, warning DOGE staff may have unscreened access to the Treasury payment system without clarity on read vs. read/write permissions▶ 1:23:14▶ 1:23:46; asked witnesses if they'd allow unscreened outsiders into their own payment systems▶ 1:24:44.

• Sen. John Kennedy (R-LA)▶ 1:29:35: Said the main question in Washington is now "what the hell happened to all the money"▶ 1:30:59; pressed Ring, McCauley, and Gannon on whether specific big banks discriminate against conservative causes and whether that stems from bank management or regulators▶ 1:32:01▶ 1:33:28.

• Sen. Chris Van Hollen (D-MD)▶ 1:38:54: Asked Klein to explain how the Payments Modernization Act, which he co-sponsored with Sen. Warren, would speed payment clearing and reduce overdraft fees▶ 1:38:54.

• Sen. Katie Britt (R-AL)▶ 1:41:09: Confirmed the Fair Access to Banking rule was revoked the day Biden took office▶ 1:42:43; asked whether reputational risk has any real connection to a bank's safety and soundness▶ 1:43:32; cited Navy Federal Credit Union's $80 million refund and $15 million penalty for illegal overdraft fees▶ 1:47:32.

• Sen. Catherine Cortez Masto (D-NV)▶ 1:51:07: Compared regulatory debanking to other examples of agency overreach, including EPA EV mandates and FBI scrutiny of Catholics▶ 1:51:38; asked whether Chokepoint 1.0 and 2.0 regulators exceeded their statutory authority▶ 1:53:32.

• Sen. Andy Kim (D-NJ)▶ 1:57:13: Pressed Klein on the lack of feedback for Suspicious Activity Reports, citing 27 prosecutions out of 27 million filings▶ 1:58:38; said the committee should examine transparency and appeals for both SARs and consumer debanking▶ 2:02:00.

• Sen. Jim Banks (R-IN)▶ 2:02:29: Asked McCauley whether Anchorage had any way to recover its debanking losses▶ 2:02:53; asked whether incumbent banks had incentive to see a crypto-native competitor cut off▶ 2:04:15.

• Sen. Raphael Warnock (D-GA)▶ 2:07:08: Renewed calls for a hearing on Musk's access to Treasury systems handling $6 trillion in annual payments▶ 2:07:39; cited FDIC examiner vacancies averaging 40% before Signature Bank's failure and criticized rescinded bank-examiner job offers▶ 2:08:31▶ 2:09:33.

• Sen. Bill Hagerty (R-TN)▶ 2:16:48: Had McCauley identify FDIC regional director Eric Guillot as the signer of a memo pausing bank crypto activity▶ 2:16:58; asked Gannon how the Bank Secrecy Act could balance law enforcement with unwanted account closures, including "politically exposed person" designations▶ 2:17:37.

• Sen. Kevin Cramer (R-ND)▶ 2:13:07: Defended DOGE's cost-cutting work and said regulators rarely have banking backgrounds▶ 2:36:47; touted his Fair Access to Banking Act barring categorical discrimination against legal industries▶ 2:38:29; displayed an internal Fed handbook requiring staff to weigh "controversial comments" by leadership in payment-access decisions▶ 2:42:58.

• Sen. Pete Ricketts (R-NE)▶ 1:54:47: Asked Gannon whether regulators evaded Administrative Procedure Act notice-and-comment rules via informal guidance in both Chokepoint operations▶ 1:54:47; asked Ring whether his relationship with regulators has been collaborative or combative▶ 1:55:57.

• Sen. Ruben Gallego (D-AZ)▶ 2:18:48: Questioned McCauley on Anchorage's suspicious-activity monitoring of institutional clients▶ 2:18:48; described his own six-month, 300-page process to buy a $10 million bank with a $3 million loan▶ 2:21:36; argued Silicon Valley Bank failed due to a "horrible investment strategy," not illiquidity▶ 2:23:15.

• Sen. Bernie Moreno (R-OH)▶ 2:25:07: Asked McCauley what cryptocurrency Al Capone and Pablo Escobar used, prompting "the privacy coin known as the U.S. dollar"▶ 2:25:58; said small banks like one in Montpelier, Ohio, can't compete with megabanks because of regulatory burden▶ 2:28:46; asked whether Musk's DOGE access to Social Security data was appropriate▶ 2:32:30.

Key moments

• The committee adopted its budget resolution by voice vote at the outset, before pivoting to the debanking hearing▶ 0:19:16.

• FDIC released 175 previously unseen supervisory documents the morning of the hearing that Chair Scott and McCauley said confirm "Operation Chokepoint 2.0" was real, including a memo instructing banks to "pause all crypto asset related activity"▶ 0:26:01▶ 2:15:56.

• McCauley testified Anchorage Digital's bank account was closed with 30 days' notice in June 2023 and roughly 40 subsequent banks declined to open a new account, contributing to a 20% (70-employee) layoff▶ 0:35:58▶ 0:38:21.

• Gannon cited a November 2024 Federal Reserve supervisory report finding two-thirds of large U.S. banks were rated "not well managed" despite record capital and liquidity▶ 1:10:34.

• Warner and Tillis pressed Chair Scott on Elon Musk/DOGE's access to Treasury payment systems; Scott read a Treasury statement asserting access is "read-only" and has not delayed Social Security or Medicare payments▶ 1:23:14▶ 1:28:05.

• Asked whether debanking stems from bank management's own politics or regulator pressure, Ring said it was the megabanks' internal choice while Gannon said "I believe it is the regulators"▶ 1:33:28▶ 1:34:40.

• Sen. Cramer displayed an internal Federal Reserve handbook instructing staff to weigh whether an institution's leadership made "controversial comments" when deciding payment-system access; Gannon said he had "never seen anything like that before"▶ 2:42:58▶ 2:43:56.

• Klein testified that of 27 million Suspicious Activity Reports filed, only 27 led to a prosecution, per a Cato Institute analysis▶ 1:58:38.

• Warren said Congress got "an incredible conclusion" that debanking is real but disputed the cause — regulator overreach versus bank policy — with Sen. Moreno▶ 2:28:26▶ 2:28:46.

• Sen. Warnock and Klein noted FDIC bank-examiner vacancies averaged 40% before Signature Bank's 2023 failure, and criticized the administration's recent rescission of examiner job offers as a "sledgehammer" approach▶ 2:08:31▶ 2:10:19.

Metadata

Official titleOrganizational business meeting to consider an original resolution authorizing expenditures by the committee during the 119th Congress; to be immediately followed by hearings to examine the real impacts of debanking in America.
CommitteeSenate Banking, Housing, and Urban Affairs
Chamber / CongressSenate · 119th Congress
DateFebruary 5, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript421 caption blocks · 19,401 words · 2:47:52 runtime
EventCongress.gov 336586