Breaking: Custodia Bank Hires Ex-Obama Solicitor in Stablecoin Appeal

As a seasoned crypto investor with a keen interest in the regulatory landscape of digital assets, I’m closely monitoring the legal battle between Custodia Bank and the Federal Reserve. The recent engagement of high-profile lawyers, including former acting solicitor general Ian Gershengorn and Michelle Kallen, underscores the importance of this case for the crypto industry as a whole.


Custodia Bank, previously known as Avanti Bank, has intensified its legal battle against the Federal Reserve by hiring two prominent lawyers: Ian Gershengorn, who served as acting solicitor general under President Barack Obama, and Michelle Kallen, a former solicitor general of Virginia.

After Custodia’s request for the Federal Reserve to reverse their denial of access to payment systems and membership was rejected, the bank has taken action to challenge this decision vigorously. This significant move indicates that Custodia views the ruling as a major obstacle to its operations and growth in the digital asset sector.

“Custodia Bank is counterattacking with a formidable lineup… Their team boasts a profound grasp of federalism matters and an impressive background in regulating digital assets at the federal level. Moreover, they have a remarkable history of success in appellate court cases involving government disputes.”

— Caitlin Long (@CaitlinLong_) May 6, 2024

The depth of expertise in government regulations and federalism possessed by Custodia’s legal team is an additional attractive factor. Their involvement in prominent cases, such as Kallen’s work for the January 6th Capitol Attack Investigation Select Committee, underscores their commitment to handling this litigation with gravity.

As a seasoned crypto investor, I can attest to the expertise of Caitlin Long and her team at Custodia. With their extensive background in navigating federal regulations related to digital assets and an impressive appellate record, they are the go-to choice for tackling this significant legal hurdle.

Federal Reserve’s Denial and Custodia’s Response

In January, the Federal Reserve denied Custodia’s applications for a Master Account and membership, revealing significant issues with the bank’s risk management and adherence to banking regulations, particularly in the area of money laundering. This decision came after an 18-month assessment process during which Custodia argued that the Federal Reserve unlawfully delayed the application and exhibited bias towards digital assets.

The Fed was particularly wary of Custodia’s business strategy, which resembled that of an uninsured bank but ensured sufficient reserves to support its stablecoin generation using cash and other digital assets. The Federal Reserve expressed concern that this setup could amplify the risk of panic withdrawals and market contagion, given the inherent volatility of the crypto asset market.

The proposal put forth by the bank to introduce stablecoins secured by cash reserves posed the greatest challenge for the bank in integrating with the Fed’s payment structure. Nevertheless, Custodia Bank announced its intention to file an appeal against the Federal Reserve’s denial of its master account application, as reported by Coingape last week.

Broader Impact on the Crypto Banking Sector

The Federal Reserve’s denial of Custodia’s application is reflective of a broader regulatory caution towards incorporating cryptocurrency businesses into the conventional banking framework.

As a financial analyst, I’ve noticed that the ongoing regulatory crackdown on crypto-friendly financial institutions following the collapses of Silicon Valley Bank and Signature Bank has intensified concerns regarding the security and reliability of banks heavily engaged in cryptocurrency transactions. These events have significantly increased uncertainty in this area.

As a researcher studying the intersection of traditional finance and cryptocurrencies, I’ve been closely monitoring the discourse of the Federal Reserve regarding stablecoins and their potential impact on banks dealing with digital assets. The Fed’s cautious stance towards granting crypto-banks access to critical financial infrastructure sets a precedent that could influence other institutions in their approach to integrating cryptocurrencies.

As a crypto investor, I’m closely monitoring the ongoing legal dispute between Custodia and the Federal Reserve. This battle unfolds against the backdrop of increasing instability in the global banking sector, particularly for those deeply involved in cryptocurrencies. The volatility we’re witnessing adds an extra layer of complexity to an already intriguing situation.

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2024-05-06 18:27