OCC Says Nine Big Banks Raised Bar, Excluded Crypto Clients — DOJ Probe Likely
The U.S. Office of the Comptroller of the Currency (OCC) found that nine systemically important banks — JPMorgan Chase, Bank of America, Citi, Wells Fargo, U.S. Bank, Capital One, PNC, TD Bank and BMO — used elevated review processes from 2020–2023 that in practice excluded lawful crypto firms and other industries (fossil fuels, firearms, adult entertainment, etc.). The OCC concluded banks imposed extra compliance hurdles and de facto denials based on lawful business activity, not legitimate risk differences. Comptroller Jonathan Gould criticized these market-driven screening practices and said the OCC will refer potential violations of a recent presidential executive order on fair banking access to the U.S. Department of Justice for further investigation. Banks argue stricter screening stems from heightened AML/CTF concerns and higher due-diligence costs after events like FTX. Critics counter that FDIC guidance and regulatory reputation risk also drove “debanking,” especially at smaller banks. The OCC is re-examining prior guidance limiting banks’ roles in crypto custody and stablecoin services, signaling possible future easing. For traders: the probe confirms regulatory scrutiny of bank-crypto relationships, could pressure access to onshore custody, custody-linked liquidity and institutional flows, and may produce legal or guidance outcomes that either tighten or restore banking access for compliant crypto firms. Monitor DOJ actions, OCC guidance updates, and bank policy changes — these will affect liquidity, custodial capacity and institutional participation in crypto markets.
Bearish
The OCC findings and a likely DOJ probe increase regulatory uncertainty around banking access for crypto firms. Short-term: heightened risk of restricted onshore banking relationships can reduce liquidity, complicate fiat on/off ramps and shrink custody capacity — pressuring prices as institutional flows and market-making tighten. Mid-term: if DOJ enforcement leads to fines or mandated changes, banks may either scale back crypto services further (negative for access and liquidity) or, alternatively, clearer OCC guidance could force fairer access, which would be positive. However, the immediate effect for traders is increased execution and custody risk, making the near-term price impact negative. Watch for DOJ referrals, bank policy reversals, and OCC guidance on custody/stablecoins to reassess outlook.