Big Banks Threaten To Sue OCC Over Crypto Rules, Citing Threats To Financial Stability

The traditional banking sector in the United States is reportedly intensifying its opposition to crypto firms and considering a potential lawsuit against the Office of the Comptroller of the Currency (OCC) over federal licenses granted to these companies. 

According to a Monday report by The Guardian, the Bank Policy Institute (BPI) is evaluating its legal options after the OCC did not respond favorably to repeated warnings from influential banking groups and state regulators concerning its reinterpretation of federal licensing rules.

Banks Demand Action Against OCC’s Crypto Licenses

Since President Donald Trump took office, the OCC has streamlined the process for crypto firms and fintech startups to acquire and operate under a national bank trust charter, which allows them to serve customers in all 50 states. 

This resulted in conditional bank charters being approved for five major crypto firms, including Ripple, Circle (CRCL), BitGo, Paxos, and Fidelity, back in December of last year. 

However, traditional banks express concern that this approval effectively releases these firms into the broader financial system without the stringent oversight and controls that fully-fledged banks undergo. 

In October, the Bank Policy Institute publicly urged the regulator to reject license applications from notable crypto and blockchain companies, including Circle, Ripple, and the London-based payment firm Wise. 

The BPI, which counts banking leaders such as Jamie Dimon of JP Morgan, Brian Moynihan of Bank of America, and David Solomon of Goldman Sachs among its board members, cautioned that granting lighter regulatory frameworks to firms offering bank-like services could blur the lines defining what constitutes a “bank.” 

This, they argued, could exacerbate systemic risk and undermine the integrity of the national banking charter. Currently, the BPI is contemplating whether to initiate legal action against the OCC.

Smaller Banks And State Regulators Also Push Back

The Guardian also reported that the OCC’s approach to crypto has also faced resistance from smaller banking groups and state regulators.

The Conference of State Bank Supervisors, which represents regulators from all 50 states, sent a letter to the OCC last month arguing that granting regulatory approval to crypto and payment firms would compromise competition, consumer protection, and financial stability.

Similar concerns were echoed by the Independent Community Bankers of America (ICBA), an organization representing approximately 5,000 smaller banks. 

The ICBA warned that the current proposals to issue licenses to crypto companies would create a “loophole” in core banking regulations and raise serious public policy concerns about consumer safety and the overall stability of the financial services sector.

Featured image from OpenArt, chart from TradingView.com