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Today’s executive order defines debanking broadly as follows:

The term "politicized or unlawful debanking" refers to an act by a bank, savings association, credit union, or other financial services provider to directly or indirectly adversely restrict access to, or adversely modify the conditions of, accounts, loans, or other banking products or financial services to any customer or potential customer on the basis of the customer's or potential customer's political or religious beliefs, or on the basis of the customer's or potential customer's lawful business activities that the financial service provider disagrees with or disfavors for political reasons.
The EO goes on to ask financial institutions to “make reasonable efforts to identify and reinstate any previous clients of the institution or any subsidiaries denied service through a politicized or unlawful debanking action…”
The trouble with this is that, while reasonable on its face, it will prove difficult to determine whether a bank fired a client because of their political views or line of work, or because the bank viewed that client as excessively costly (potentially due to regulatory pressure). In theory, banks could use the loophole of saying “well we have no problem with this client per se, but the modeled lifetime value of the client is less than the compliance cost of us maintaining the account”. In general, clients in “high risk” industries are costlier to maintain, due to stepped up KYC/KYB requirements and costlier flow-through monitoring for certain types of FBO accounts (for instance, if a crypto exchange wants to settle fiat transfers to clients). These costs can (and have been) imposed by regulators for certain industries. Who is to say, under this definition, whether the client was fired because they were donating funds to crowdfunding in Gaza or because the bank felt that that would entail additional burdensome compliance costs for maintaining the account? Regulators aiming to redline certain industries could in theory continue to make debanking certain clients into a (rational) business decision, rather than a discretionary one. My proposed solution, as we will cover, is to focus more on regulatory transparency and fairness, rather than zeroing in on the banks themselves....Ultimately, a relatively light-touch legislative solution would be best and most enduring. Democrats will not support it if they view Congress as compelling the banks to serve clients indiscriminately, but they might consider signing on if a bill creates mechanisms asking regulators to be more impartial and transparent. (The solution to Alex Jones being debanked is not to demand that Chase platform him, but rather allow the newly-chartered Patriots Bank of Arkansas to choose to onboard him.) Democrats logically should seek to restrain the ability of regulators to use banks as political cudgels today, and Republicans should do it with an eye to the future. The Executive Order is a good start, but legislation must pass if we are to consign debanking to the dustbin of history.
Found it particularly interesting Nic mentioned this, "The bill requires that banks generally provide services to everyone in the area covered by the bank. But this isn’t how banks work today; they have different specialties and target client sets. Such a bill would, in my view, homogenize banks and treat them like undifferentiated public utilities, which they are not."
It's almost like more regulation doesn't fix things...
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11 sats \ 1 reply \ @Car OP 8 Aug
It has to be checked at the door.
I gather he is putting forth the notion “politicized debanking” isn’t really a banking problem it’s a regulator problem.
Fix the regulatory back channels and target the choke points, then the secret politics will drain out of banking without turning every bank into a public utility.
For being his second post on substack it has only gotten better. 👌
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Regarding "turning banks into public utilities", Dodd Frank 2010 already made this happen by creating banks that are "too big to fail" or too important to fail
There is more homogeneity in the banking system today vs 2009 and earlier
The number of new banks has dwindled since 2010 because the compliance costs are too high and regulators have too much discretion w/o clear rules or guidance
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Trump's EO nullifies Operation Chokepoint 1.0 and 2.0 which were stealth operations
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Obama started this madness with Operation Chokepoint
This EO will force banks to be transparent about why a customer is expelled
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11 sats \ 3 replies \ @Car OP 18h
Trump’s EO bans “politicized or unlawful debanking” and orders agencies to roll back guidance but as Nic points out, it’s still exposed to loopholes and regulatory choke points.
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21 sats \ 1 reply \ @Bell_curve 17h
At least now conservatives or anyone with wrong political views or affiliations have recourse if a bank cancels their account.
I think the worst offenders are the 4 largest banks by deposits but I have to double check
Marc Andreesen explained the problem to Rogan last year. I will try to find the clip
The biggest problem with Operation Chokepoint is that banks could cancel your accounts with no notice or explanation - that was the genius behind it: debank people and businesses Obama hated w/o admitting Barry made us do it
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While the press release version sounds like a broad defense of free financial access, the actual order is more of a neighborhood watch than a citywide ban. It applies only to banks, savings associations, credit unions, and other outfits directly supervised by federal banking regulators or the SBA.
That means Visa and Mastercard, the twin tollbooth operators of the global payments highway, are untouched. Same with PayPal, Stripe, and other tech-driven platforms that have spent years quietly freezing out lawful but unpopular actors with all the due process that in the real world wouldn’t even get you a parking ticket.
The order, while a step in the right direction, leaves the most widespread form of financial censorship exactly where it was before the cameras rolled, hidden in corporate terms of service and enforced by compliance officers who answer to no electorate. The banks may have lost the cover of “reputation risk,” but the real gatekeepers never needed it in the first place.
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