A Bellwether For Banking On 'High Risk' Industries

Law360, New York (October 16, 2015, 11:53 AM EDT) -- A federal court in Washington, D.C., has ruled that a lawsuit against federal bank regulators challenging Operation Choke Point may proceed. Operation Choke Point is a program begun by the U.S. Department of Justice that was designed to "choke off" banking services to persons who were engaging in illegal activities, such as money laundering. According to the original intent of the program, the DOJ would use the federal banking laws to crack down on banks that, according to the DOJ, knew or should have known that their customers were engaging in unlawful conduct. However, after the program was implemented, some banks severed ties with bank customers of certain industries even where there was no indication that these industry members were engaged in anything but lawful business. Then, evidence surfaced that the federal government was not only attempting to choke off banking services to illegal actors but was also using the federal bank regulatory regime to advise banks that it was too risky to do business with certain industries such as tobacco retailers, firearms and ammunition, and payday lending. Members of these industries lost banking relationships, which adversely affected their businesses....

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