UNCHAINED: Caitlin Long on Why the Fed’s Rejections of Custodia Bank Seem Politically Motivated
Aug 14, 2024
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Caitlin Long, founder and CEO of Custodia Bank, teams up with Michelle Kallen, a financial sector legal expert, to delve into Custodia's legal battle against the Federal Reserve. They discuss the politically charged rejection of Custodia's application for a master account, suggesting it may be linked to broader efforts to suppress the crypto sector. The duo also explores the implications of their lawsuit, the dual banking system, and the lack of representation for women-owned banks in America, painting a vivid picture of the struggles within crypto banking.
Custodia Bank's legal battle against the Federal Reserve highlights significant bureaucratic challenges that crypto-related institutions face in securing banking approvals.
The Federal Reserve's rejection of Custodia's master account application is perceived as politically motivated, linking to broader issues within the banking landscape.
The outcome of Custodia's lawsuit against the Fed could set a critical precedent for future regulatory frameworks governing cryptocurrency banking in the U.S.
Deep dives
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Custodia Bank's Vision and Challenges
The founders of Custodia Bank aimed to address the debanking challenges faced by cryptocurrency businesses in the wake of Operation Choke Point. Their vision involved creating a bank charter in Wyoming that specifically catered to this sector, addressing legal banking access issues and enabling compliance with the IRS. However, they encountered significant resistance from the Federal Reserve, which resulted in delays and complications in their efforts to secure necessary approvals. The situation reflects broader issues within the financial industry, where many startups struggle to find banking partners willing to support them.
Legal Battle Against the Federal Reserve
Custodia's legal battle against the Federal Reserve sheds light on bureaucratic obstacles encountered by cryptocurrency companies seeking to establish banking operations. The application process for a master account was marked by delays, leading the bank to file a lawsuit in an attempt to force a resolution. Despite meeting legal qualifications for a master account, Custodia faced repeated setbacks, attributed to internal politics within the Federal Reserve, particularly in the wake of the FTX debacle. This legal case is viewed as pivotal for the future of crypto banking and may set a precedent for similar institutions.
Criticism of Regulatory Actions
The podcast discusses the implications of the Federal Reserve's actions against Custodia Bank, particularly its criticisms regarding the bank's operations and management. The Fed's denial letter pointed to alleged risks associated with focusing primarily on the crypto sector and raised questions about compliance with existing banking regulations. Many in the industry argue that such criticisms are politically motivated rather than based on sound economic principles. This situation highlights the ongoing conflict between traditional banking institutions and innovative startups in the cryptocurrency space.
Potential Future for Custodia and the Crypto Industry
Looking ahead, Custodia Bank's future hinges on the outcome of their ongoing appeal against the Federal Reserve's decision, which may redefine regulatory frameworks for banking institutions in the cryptocurrency sector. The overturning of precedent-setting cases like the Chevron doctrine and increased scrutiny of administrative agencies may work in favor of Custodia's arguments. As they navigate the legal landscape, observers note that broader political shifts could impact the crypto industry's regulatory environment significantly. The resolution of this case could serve as a critical juncture for cryptocurrency businesses seeking equitable treatment in the financial sector.
Caitlin Long and lawyer Michelle Kaplan explain why Custodia Bank felt compelled to sue the Fed.
Caitlin Long, founder and CEO of Custodia Bank, and Michelle Kallen, partner at Jenner & Block, join the podcast to discuss Custodia’s legal battle with the Federal Reserve—a fight that has drawn significant attention in the crypto industry.
Custodia, established as a special purpose depository institution in Wyoming, aimed to offer secure banking services for the crypto sector. Despite meeting state requirements and taking extra steps to demonstrate its commitment to safety, Custodia’s application for a Fed master account was met with delays and ultimately denied in an unprecedented 86-page report.
In this episode, Caitlin and Michelle explains why they believe the Fed’s rejection was politically motivated, how this relates to a operation Choke Point 2.0, the appalling small number of American banks owned by women, where they are in their lawsuit against the Fed, and what this case means for the future of crypto banking in the U.S.
Show highlights:
What Custodia Bank is and how it got started in Wyoming
How Custodia got into a fight with the Fed to get its master account
How the dual banking system works in the U.S. and the differences between Custodia and traditional banks
Why Custodia filed a lawsuit against its own regulator
Why the Fed denied Custodia its applications and Caitlin’s response to the criticisms
The political coordination meant to “intimidate” Custodia, according to Caitlin
The amicus briefs that were filed in favor of Custodia
Caitlin’s reaction to the Fed’s enforcement action against Customers Bank
Why Caitlin says that it’s “abusive and corporatist” that the SEC is granting exceptions to big banks
Why so few banks are owned by women and whether this played a role in Custodia’s denial
The next steps in Custodia’s case and whether a stablecoin is viable for them
Whether the elections are going to impact the case
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