Major U.S. Banks Plan to Sue OCC, Questioning Legitimacy of Crypto Trust Charters

Major U.S. banks are set to sue the OCC, questioning the legitimacy of national trust charters granted to crypto firms, focusing on regulatory authority, systemic risk, and deposit competition.

The Bank Policy Institute (BPI), a significant lobbying organization for the U.S. banking industry, is preparing to file a lawsuit against the Office of the Comptroller of the Currency (OCC) in an attempt to revoke the first national trust charters granted to crypto firms. The organization represents large traditional financial institutions such as JPMorgan Chase, Bank of America, and Citigroup, arguing that these charters create a "shadow banking system" lacking equivalent regulatory constraints.

Major U.S. Banks Plan to Sue OCC, Questioning Legitimacy of Crypto Trust Charters插图

BPI's legal arguments primarily revolve around three points: first, regulatory overreach. The OCC's inclusion of digital asset companies within the banking framework exceeds its statutory authority; second, systemic risk. Should a crypto trust bank fail, traditional banks would be forced to bear collateral losses due to business ties that were not voluntarily established; third, consumer protection. Crypto trust institutions do not adhere to the robust operational standards of traditional banks, leaving depositors inadequately protected.

Major U.S. Banks Plan to Sue OCC, Questioning Legitimacy of Crypto Trust Charters插图1

However, the true driving force behind this legal action is a deeper commercial anxiety. Since the issuance of the first charters on March 4, traditional banks have closely monitored the progress of the CLARITY Act, particularly the provision allowing interest payments on stablecoin deposits. If crypto trust banks can pay yields on U.S. dollar stablecoin accounts, their appeal would far exceed the near-zero interest rates of traditional checking accounts, directly threatening the deposit base.

BPI's litigation strategy is not merely aimed at achieving a legal victory but is intended to create long-term uncertainty, causing crypto firms to abandon applications for more charters due to excessive risk, thereby delaying industry expansion. This tactic mirrors the previous financial sector's efforts to obstruct the CLARITY Act—using institutional means to stifle competition rather than engaging in direct confrontation.

Meanwhile, OCC Acting Comptroller Michael Hsu is pushing for the integration of crypto firms into the federal banking system, granting them unprecedented federal legitimacy. BPI's lawsuit is essentially a strong counter to this policy shift. If the court rules the charters invalid, it would severely impact the crypto industry's access to the mainstream financial system; if it supports the OCC, it could open a new chapter in the deep integration of traditional finance and digital finance.

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