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Blockchain Association urges Federal Reserve to eliminate subjective reputation risk from banking regulations

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The Blockchain Association’s Call to the Federal Reserve

The Blockchain Association, a U.S. lobbying organization for cryptocurrency interests, has called on the Federal Reserve to formally eliminate the notion of “reputation risk” from its bank supervisory protocols. This request comes with the association’s concern that the current vague criteria have been exploited to unjustly limit financial services for certain firms, particularly in the crypto sector.

Concerns Over Subjectivity and Fairness

In a letter submitted on Monday, Ashok Pinto, the executive vice president for legal and government relations, emphasized the necessity of ensuring that regulated institutions have clear and uniform standards that can be consistently applied across the board.

Pinto criticized the concept of reputation risk as subjective and damaging, stating it undermines the principle of fairness within the financial system. He believes that regulations should primarily serve to uphold the system’s integrity, rather than allow arbitrary judgments to dictate who gains access to essential banking services.

“Regulation should not favor specific entities according to shifting political sentiment,”

Pinto underscored his argument against the unpredictable nature of reputation risk, which can disrupt supervisory consistency.

Link to Discriminatory Practices

In his comments, Pinto linked the problematic use of reputation risk to discriminatory banking practices, citing past enforcement trends that led to actions against cryptocurrency companies, an approach he termed “Operation Chokepoint 2.0.” While acknowledging some policy reversals from the Trump administration regarding crypto-related banking restrictions, he urged for enduring protections to prevent similar issues in the future.

Pinto warned that the definition of reputation risk could shift depending on political leadership, suggesting that formalizing its removal in regulatory frameworks could create a more stable environment for crypto entities.

Support from the Cato Institute

This sentiment finds backing from the Cato Institute, which indicated in January that most instances of financial exclusion were prompted by governmental influence rather than the autonomous judgments of banks. Pinto’s call for regulatory clarity is further amplified by his recommendation for the Federal Reserve to synchronize its final regulations with those of other regulatory bodies, such as the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation.

These bodies previously issued a joint ruling to remove reputation risk from their own supervisory criteria on April 7.

Conclusion: The Need for Harmonized Standards

By harmonizing standards across various agencies, Pinto asserted that the predictability of regulations for financial entities would improve. He emphasized that consistent rules based on measurable metrics are vital for sustaining trust in the regulatory landscape and safeguarding the overall health of the financial system.

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