WASHINGTON, Jan 3 (Reuters) -
A U.S. bank regulator told banks to pause dabbling directly
in crypto in 2022 and 2023, but did not order them to stop
providing banking services to crypto companies contrary to
industry complaints of widespread "debanking," according to
documents released on Friday.
A judge ordered the Federal Deposit Insurance Corporation to
provide versions of supervisory "pause letters" it sent to
unidentified banks after History Associates Incorporated, a
research firm hired by crypto exchange Coinbase, sued
the agency to release them.
The FDIC first released the letters in December but was
ordered by the judge to resubmit them with more "nuanced
redactions." The new batch of 25 letters includes two additional
letters sent to unidentified banks that were not included in the
original FDIC submission.
The litigation is part of a campaign by Coinbase to expose
what it and other crypto companies say has been a concerted
effort on the part of U.S. bank supervisors to choke off crypto
companies from the traditional financial system.
Coinbase's chief legal officer, Paul Grewel, said in a post
on X Friday that the less redacted letters show a "coordinated
effort to stop a wide variety of crypto activity" and called for
further investigation by Congress.
In a bid to combat those claims, the FDIC also on Friday
published a 2022 internal memo detailing how supervisors should
assess queries from lenders looking to directly deal in crypto
assets, versus offering banking services to crypto companies.
Together, the documents provide a rare glimpse into the
confidential bank supervisory process. They suggest that while
FDIC examiners have been cautious towards the crypto sector,
which has been beset by scams, bankruptcies and volatility, they
did not order banks to entirely cut off the crypto sector.
The documents are being released weeks before
President-elect Donald Trump's incoming administration is
expected to outline a broad crypto policy overhaul. Trump is
expected to issue an executive order directing bank regulators
to go easier on the sector, potentially as early as his Jan. 20
inauguration.
Several of the FDIC letters show staff directed banks to
either pause entering crypto initiatives or refrain from further
expanding client crypto services. In others, the FDIC required
banks to answer detailed questions before proceeding further
with crypto ventures.
The internal memo, meanwhile, distinguishes between a bank
engaging directly in crypto activities, like holding crypto
assets in custody, and offering traditional banking services for
crypto clients, like lending and providing deposit accounts. The
first category requires stricter scrutiny, it says.
The memo echoes comments made in December by FDIC Chairman
Martin Gruenberg, who told reporters the agency does not
"debank" crypto firms in terms of access to bank accounts, but
direct crypto engagement by banks is a "subject of supervisory
attention."
"Crypto-related activities may pose significant safety and
soundness and consumer protection risks, as well as financial
stability concerns," the memo notes, adding such risks are still
"evolving."