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- OCC chief Jonathan
Gould defended conditional crypto trust bank charter approvals
- Gould said regulators
must abandon a “zero risk tolerance” approach to banking applications
- Firms including
Coinbase, Ripple, Circle and Paxos received conditional charter approval
- Elizabeth Warren and
banking lobby groups warned the approvals could increase systemic risks
- Gould argued lawsuits and scrutiny improve regulatory discipline and oversight
- OCC also backed tougher customer due diligence rules tied to Trump’s new executive order on banking compliance
Jonathan Gould has mounted a forceful
defense of the recent wave of national trust bank charter approvals granted to
cryptocurrency and fintech firms, insisting U.S. regulators can no longer
operate with what he described as a “zero risk tolerance” approach to banking
oversight.
Speaking during Semafor’s Banking on
the Future Forum, Gould said the Office of the Comptroller of the Currency was
restoring a more practical and legally grounded approach to charter
applications after years in which potential entrants were effectively discouraged
from applying.
“We don’t have a zero risk tolerance
anymore,” Gould said. “That’s not what the statute says. The statute talks
about a reasonable chance of success.”
Gould argued that banking regulators
became excessively restrictive following the 2008 financial crisis, noting that
the OCC sometimes received as few as zero to two applications per year for new
charters.
“That’s a disgrace,” he said.
Under Gould’s leadership, the OCC has
conditionally approved approximately nine national trust charters, including
applications tied to Coinbase, Ripple, Circle, Fidelity Digital Assets and
Paxos.
Gould, who previously served as chief
legal officer at blockchain company Bitfury, has repeatedly argued that digital
assets should no longer be viewed as fundamentally separate from the
traditional financial system.
The approvals, however, have sparked
growing criticism from both banking trade groups and Democratic lawmakers, who
warn that crypto firms may be gaining access to banking privileges without
facing the same regulatory burdens imposed on full-service banks.
Elizabeth Warren recently accused the
OCC of improperly approving trust charters for cryptocurrency firms and
demanded additional details about the agency’s decision-making process.
Gould appeared unfazed by reports
that banking lobby groups are considering legal action against the OCC.
“I’m confident that we have full
legal authority to do the things that we’re doing,” he said, adding that
lawsuits can ultimately improve regulatory discipline.
“There’s nothing wrong with being on
the receiving side of a lawsuit,” Gould said. “It makes sure that our pencils
are a little bit sharpened.”
The Comptroller argued that pent-up
demand and reforms to the deposit insurance process are contributing to the
recent rise in applications.
He praised efforts by Travis Hill to
accelerate what Gould described as a historically slow and burdensome review
process for deposit insurance approvals.
Despite faster OCC decisions,
applicants can still face long waits for deposit insurance clearance from the
Federal Deposit Insurance Corporation, creating uncertainty for new market
entrants.
Gould compared the U.S. banking
sector to a “walled garden,” warning that excessive barriers to entry could
eventually weaken innovation and reduce the system’s ability to serve consumers
and businesses effectively.
“We need fresh entrants,” Gould said.
“We need that constant refreshing of the system to ensure that, long term, it
stays relevant and serves its function.”
The debate intensified further after
Warren and Sen. Chris Van Hollen urged regulators to reject nonbank lender
Enova’s proposed acquisition of digital bank Grasshopper Bank, citing concerns
over alleged predatory lending practices and regulatory compliance failures.
Gould also defended President Donald
Trump’s latest executive order directing regulators to strengthen customer due
diligence requirements under the Bank Secrecy Act.
The order would give banks broader
authority to gather additional customer information, including immigration
status, as part of anti-money laundering and fraud prevention efforts.
Gould described the measures as
“common-sense reforms” designed to help banks better identify higher-risk
customers while maintaining flexibility in how institutions verify identities.
He linked the executive order to
broader efforts by the Financial Crimes Enforcement Network and federal banking
agencies to modernize anti-money laundering rules and focus regulatory
attention more heavily on high-risk activities and customers.