Caitlin Long, founder & CEO of Custodia Bank, discusses the threat the Fed poses to the crypto industry, bankruptcy cases, bitcoin ETF applications, regulatory environment, and the upcoming bitcoin halving.
Read more
AI Summary
AI Chapters
Episode notes
auto_awesome
Podcast summary created with Snipd AI
Quick takeaways
The Federal Reserve's control over access to the US dollar poses a significant threat to the crypto industry, as a complete restriction would hinder the industry's USD connectivity and potentially lead to a single point of failure for the industry.
The outcome of ongoing lawsuits challenging the Federal Reserve's authority and power to define banks will determine the future of US dollar banking access for the digital asset industry, with potential implications for the industry's ability to operate and access industry utilities like FDIC protection.
Deep dives
The Fed's Importance as a Threat to the Crypto Industry
Caitlin Long believes that the Federal Reserve is a bigger threat to the crypto industry than the SEC. This is because the Fed controls access to the US dollar, and if it were completely restricted, the digital asset industry would lose its USD access. Long acknowledges that the Fed cannot fully eliminate USD access due to offshore entities like Tether, but the industry still relies on USD connectivity. She emphasizes that US dollar access is a single point of failure for the industry and argues that it is more important than the securities piece.
Lawsuits Regarding US Dollar Access
There are multiple lawsuits surrounding access to a master account at the Federal Reserve. The Fed historically granted automatic accounts to chartered banks, but in recent years, it has changed its approach. The reinterpretation of the law started with a Colorado marijuana credit union and later expanded to include digital asset specialty banks like Custodia. Long highlights that these lawsuits challenge the authority of the Fed and its power to define what constitutes a bank. The outcome of these lawsuits will determine the future of US dollar banking access for the digital asset industry.
Bank Chartering and the Importance of State Level Approvals
Long explains that historically, banks in the US were chartered by states, but a federal bank chartering authority called the OCC was established during the Civil War. Banks with state charters traditionally had access to industry utilities like the FDIC and the Fed, while the OCC regulated nationally chartered banks. However, the lines between state and federal charters have become blurred, with the Fed changing its approach to access requests. Custodia, with its state bank charter, faces challenges in maintaining US dollar banking access due to shifting regulations and federal interference.
Different Legal Structures and Bankruptcy Proceedings
The distinction between banks and non-banks is crucial in bankruptcy proceedings. Banks, including custody banks like Bank of New York Mellon, are exempt from federal bankruptcy courts, providing better protection for customers. On the other hand, non-banks like FTX, BlockFi, and Celsius may face bankruptcy proceedings, such as Chapter 11, where customers' assets could be at risk. The difference lies in the treatment of customer assets and the potential for haircuts or preferences in bankruptcy settlements. Long advises individuals and businesses to conduct counterparty credit risk analysis and be cautious when choosing a custodian or counterparty.
Caitlin Long is the founder & CEO of Custodia Bank. In this conversation we talk about why she thinks the Fed is a bigger threat to the crypto industry than the SEC, bankruptcy cases, banks, bitcoin ETF applications, regulatory environment, Jerome Powell, FTX, presidential candidates, and bitcoin halving.
=======================
Get Better Crypto Data: Do you want faster, easier crypto data? Sign up for Velo Data, a new product that we have been working on to solve this problem: velowaitlist.com
=======================
Pomp writes a daily letter to over 250,000+ investors about business, technology, and finance. He breaks down complex topics into easy-to-understand language while sharing opinions on various aspects of each industry. You can subscribe at https://pomp.substack.com/
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode