Operation Choke Point 2.0 Is Underway, And Crypto Is In Its CrosshairsFeb 8
detailing the Biden Admin's coordinated, ongoing effort across virtually every US financial regulator to deny crypto firms access to banking services
Nic CarterSubscribe to The Industry
Crypto and banking sector executives gave testimony on Operation Choke Point 2.0, its scope, and solutions to address its consequences at a House committee hearing titled âOperation Choke Point 2.0: The Biden Administrationâs Efforts to Put Crypto in the Crosshairsâ today.
Coinbase Chief Legal Officer Paul Grewal, CEO of digital payments company WSPN Austin Campbell, blockchain firm MARA CEO Fred Thiel, and Director of Banking Policy at Better Markets Shayna Olesiuk addressed the committee. Grewal, Campbell, and Thiel testified that the crypto industry was systematically targeted by OCP 2.0, while Olesiuk claimed crypto businesses were âlawbreakersâ who âchose to engage in widespread, flagrant illegal conduct.â
Broadly, attitudes at the hearing broke down on partisan lines â republicans like Dan Meuser called OCP 2.0 a âserious overreachâ by the Biden admin, while Rep. Al Green, who yesterday called for the impeachment of Trump, called Choke Point 2.0 âfake.â
âIt's immensely validating that both the House and the Senate are looking into OCP 2.0,â VC and Castle Island Ventures co-founder Nic Carter, who broke OCP 2.0 on Pirate Wires and coined the term, told us today. âThe story that we reported in 2023 is gradually being confirmed by Congress, through litigation and document releases.
âItâs a shame that it took a change in administration for this issue to be belatedly looked into. In order to stop Operation Choke Point 3.0, we need to end the politicization of banking forever. This will likely require a legislative solution, or a full overhaul of banking regulation.
âOverall these hearings confirm the undeniable power of citizen journalism to elevate overlooked scandals to the public consciousness,â he said.
Rep. Dan Meuser (R-PA) opened the hearing by characterizing Choke Point 2.0 as a serious effort to debank the industry, and making a comparison to the Obama era Choke Point, which targeted disfavored industries such as guns. Choke Point 2.0 was a âserious overreach,â he said.
Rep. Al Green (D-TX), who spoke next, called Choke Point 2.0 âfake.â The concerns of banking regulators were âwell-founded,â he said, and none of their actions in OCP 2.0 âamounted to debanking.â Green spent the rest of his opening statement characterizing Choke Point 2.0 as a Trump-led agenda to promote the crypto industry.
Austin Campbell
WSPNâs Austin Campbell described Operation Chokepoint 2.0 as a covert effort by U.S. banking regulators to deny the crypto industry access to financial services from 2022 to 2024 in his opening statement. Comparing it to past debanking of industries like firearms and payday lenders, he argued that regulators âobfuscated, denied, and covered upâ their actions while depriving law-abiding businesses of due process.
Campbellâs testimony focused on the need for banking reform, and offered specific recommendations to ensure that debanking for political reasons never happens in the US again. He called for written, public banking guidance, disclosure of account closures, and an end to regulators using âreputational riskâ as a pretext for debanking customers. Without reform, he warned, future administrations could use the same tactics to debank any disfavored industry.
âWe have a governance issue with banking regulation writ large,â he said. âThe fact that supervision is often confidential, hidden, and nobody knows exactly what happened, itself is a problem that leads to abuse. Without addressing this, there will be hearings on Operation Chokepoint 3.0, 4.0, and 5.0 onward to infinity.â
Paul Grewal
Paul Grewalâs opening statement focused on the FDIC, which allegedly pressured banks to âpause all crypto asset-related activityâ in March 2022 and later required self-reporting of crypto services. Despite a January 2023 claim that banks werenât restricted from serving crypto clients, an Inspector Generalâs report found the FDIC had failed to conduct promised risk assessments. âEighteen months later, no such assessments have been publicly identified,â Grewal said.
Later in his testimony, Grewal detailed his firmâs attempts to get regulatory clarity from the SEC under the Biden admin, and described dozens of meetings between Coinbase and the SEC where they discussed regulation and shared ideas for regulatory clarity, to no avail. âWe were simply invited to never come back,â he said.
Shayna Olesiuk
Better Marketsâ Shayna Olesiuk began her statement by arguing that crypto firms âput themselves in the crosshairsâ by engaging in âwidespread, flagrant illegal conductâ and ignoring financial protections. She linked bank failures â including Signature, Silvergate, and SVB â to âdevastatingâ risks that threatened the financial system and imposed costs on taxpayers.
Citing the 2008 financial crisis, Olesiuk warned that cryptoâs volatility and susceptibility to bank runs could spark a crisis âfaster-moving and more devastatingâ than 2008. âStanding with crypto means standing with high-risk, if not illegal, activities,â she said.
Fred Thiel
âDespite full regulatory compliance, digital asset companies face forced account closures, denial of credit, and restricted payment services,â MARAâs Fred Thiel argued in his opening statement, calling the industryâs treatment unprecedented and discriminatory.
He warned that financial restrictions are pushing innovation offshore, undermining energy infrastructure, and allowing banks to decide which industries can exist. To counter this, Thiel urged Congress to enforce equal access to banking, increase regulatory transparency, and support digital asset businesses through clear policies. âWithout immediate action, the U.S. risks losing its leadership in blockchain technology,â he said.
In February 2023, Nic Carter coined âChoke Point 2.0â in a Pirate Wires article called âOperation Choke Point 2.0 is Underway, and Crypto is in its Crosshairs.â In the piece, he showed how agencies like the Fed, FDIC, OCC, and DOJ issued guidance discouraging banks from working with crypto, isolating the sector from traditional finance. He likened the effort to the Obama-era âOperation Choke Point,â which targeted politically disfavored industries such as guns, and framed it as a covert Biden administration campaign to cripple crypto through private banking restrictions.
Six weeks after the Choke Point 2.0 article, a U.S. regional banking crisis led to the abrupt collapse of several banks, including crypto-friendly Signature under unclear circumstances. In a follow-up piece titled âDid the Government Start a Global Financial Crisis in an Attempt to Destroy Crypto?,â Nic argued the Biden administration exploited the crisis to eliminate crypto, arguing that the closure of Silvergate and Signature Bank were politically motivated takedowns.
In April 2023, House Republicans demanded answers from top regulators, while law firm Cooper & Kirk â which successfully challenged the Obama-era Chokepoint â argued the crackdown was unconstitutional. Senator Bill Hagerty condemned it as a Biden-led effort to strangle crypto by de-banking the industry.
Last July, then President-elect Donald Trump pledged to end OCP 2.0, fire SEC chief Gary Gensler, create a Presidential Crypto Advisory Council, and establish a strategic Bitcoin reserve.
And last September, Nic uncovered evidence that Biden administration regulators deliberately shut down Silvergate. In âInside the Biden Adminâs Plot to Destroy Silvergate,â he detailed a covert 15% cap on crypto deposits, enforced through verbal mandates, and linked Senator Elizabeth Warrenâs pressure on the FHLB to the bankâs collapse. Despite being solvent, Silvergate wasnât failing â it was executed.
Previous to Marc Andreessenâs November appearance on Joe Rogan (my recap here), where he detailed the Biden adminâs efforts to debank crypto, few outside of the crypto media ecosystem acknowledged the issue; after the episode, some of the biggest mainstream outlets either denied Choke Point was a thing, said it was good if it was happening, or argued that Andreessenâs claims were exaggerated. Washingon Postâs coverage of Rogan episode was summed up well with its headline, which asked âAre banks really âde-bankingâ customers?,â and subheadline, which answered, âNot in the way a certain venture capitalist says they do. But sometimes.â
Wrote the author: âDo banks really de-bank their customers? Sometimes â if customers are engaged in questionable or unusual behavior thatâs not consistent with âsafety and soundness.â Thatâs always been the case.â A law professor is quoted as saying Choke Point 2.0 âis more myth than reality.â
The New York Times characterized the crypto sector as a âfreewheeling industry that has been accused of scams and fraudâ in the wake of the Andreessen interview, concluding (somewhat irrelevantly) that â[itâs] unclear if any [crypto] executivesâ financial accounts were closed â and if they were, whether those actions happened because of legitimate regulatory concerns.â
Nic Carter responded to critics of Andreessenâs comments in December.
In addition to Nic, we spoke with several other industry veterans in advance of the hearing today. âThe FDICâs unlawful campaign against crypto is finally getting the attention it deserves in Congress,â Paul Grewal told us. âWhen you have everyone from Jamie Dimon to Donald Trump agreeing that debanking is a problem, you know itâs real. This isnât about politics â itâs about making sure innovative American companies can access basic banking services. The tide is turning, and itâs about time.â
We also spoke to Founders Fundâs Joey Krug and Bridget Harris. âIt's awesome that Congress is looking into and acknowledging that Choke Point 2.0 was both a real thing and a serious problem, and I'm thrilled that the new administration is taking steps to end it,â Joey said. âAlmost everyone who's been in crypto a long time has at least one, if not multiple, stories of bank accounts being closed. The government shouldn't be forcing banks to discriminate against customers because of the industry they work in, their political views, or the financial assets they want to buy, it's un-American.â
Bridget added: âItâs a really positive sign that the government is hopefully rectifying their insane overreach into the banking sector via Choke Point 2.0 â this is a free country and customers (read: Americans) shouldnât be unfairly punished for holding assets that they have an appetite / demand for.â
âBrandon Gorrell
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