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TEXXR

Chronicles

The story behind the story

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Coinbase publishes FDIC documents, obtained via a lawsuit, that it says prove crypto businesses were systematically walled off from banking by the regulator

Crypto banking activity was paused or prevented by the Federal Deposit Insurance Corp. at a large number of U.S. banks in 2022 …

CoinDesk Jesse Hamilton

Context & Ripple Effects

Coinbase’s document release follows its 2024 FOIA lawsuit against the FDIC and SEC, extending the exchange’s effort to use litigation to expose how regulators handled crypto rather than contesting enforcement only on substantive legal grounds.

The material also fits a wider conflict in which the SEC sued Coinbase over its exchange and staking activities. A later FDIC position allowing banks to conduct lawful crypto activity without prior approval, subject to risk management, makes the earlier internal approach especially consequential.

First-order effects

  • The documents give Coinbase and other crypto firms evidence to challenge the FDIC’s past treatment of bank relationships, while increasing scrutiny of the agency’s supervisory communications.
  • Banks that paused or declined crypto-related activity may face renewed questions from customers and counterparties about whether regulatory pressure, rather than their own risk assessment, drove those decisions.

Second-order effects

  • Crypto companies can use the disclosures in banking negotiations and policy arguments, potentially reducing the leverage of informal supervisory signals that are not set out in public rules.
  • The release sharpens the divide between formal permission for lawful crypto activity and banks’ practical willingness to provide services, a gap reflected in the FDIC’s later no-prior-approval stance.

Third-order effects

  • If litigation continues to surface informal restrictions, U.S. financial regulators may face pressure to make expectations for crypto banking more explicit and reviewable.
  • The episode points to a durable contest over whether access to regulated banking infrastructure is determined primarily by published rules or by supervisory discretion.

The trend: Crypto firms are increasingly treating transparency litigation and banking access as central fronts in their push for regulatory legitimacy.

Discussion