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Welcome to The Vault. Every week you’ll find a sample of FedFin opinion and analysis on the most recent issues facing financial services firms. Check back frequently to see what’s new. Click here to contact us.

11 08, 2025

Karen Petrou: Bureaucracy, Thy Name is Bank

2025-08-15T10:18:56-04:00August 11th, 2025|The Vault|

About 8 weeks ago, FedFin found that a four-figure check had gone astray like so many others have for other people. We thank the USPS inspector who brought to our attention that the name of the depositor wasn’t even close to that of the payee, something one likes to think banks notice, even though none did. Given this initial goof, perhaps I shouldn’t have been surprised by how hard it is not only to remedy the loss but also to strengthen our firm’s payment practices. We agreed with the bank that they needed modernization, but three weeks after gaining the audience necessary to file the claim and ask for help, our administrators are still mired in paperwork, not enjoying the enhanced protection for which we agreed to pay for on the spot. And our lost money? Don’t even ask.

At a time of soaring fraud at ever-higher cost to banks, one might have thought ours would have been eager to facilitate our update. After all, we lose use of stolen funds, but the bank is obliged to repay us and take the loss. Which bank is on the hook is of course a battle between banks, but the payer-facing bank is the one that needs to keep the customer. I am sure the bank at every managerial level knows this, but bank culture is often so immutably mired in rigid processes and procedures that critical jobs never get done. Why is it so hard not just to get fraud remediation …

31 07, 2025

FedFin Assessment: Administration Mandates Massive Banking-Regulatory Crypto Rewrite

2025-08-01T15:19:39-04:00July 31st, 2025|The Vault|

Pursuant to the President’s executive order, the President’s Working Group on Digital Asset Markets (PWG) yesterday released a detailed report outlining specific policies the Administration will now follow or pursue. As we noted yesterday, the report is unreservedly pro‑crypto, emphasizing the benefits of these assets to the United States while also reaffirming the Administration’s strong opposition to a CBDC.  The recommendations for banking agencies are most specific when it comes to new capital standards, with the report detailing how it believes cryptoassets should be treated in new standards the agencies are to issue as quickly as possible…

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.…

28 07, 2025

FedFin Assessment: Crypto-Clarity Bills Recraft Bank Powers, Ownership

2025-07-28T13:50:43-04:00July 28th, 2025|The Vault|

In this report, we assess provisions in the House-passed CLARITY Act, the Senate discussion draft, and a new Senate Banking GOP request for information on provisions in these measures affecting financial-industry structure and banking  activities. The measures are focused on recrafting the regulatory framework governing digital assets to promote rapid innovation, as well as to redefine SEC and CFTC authority.  However, the bills also alter provisions affecting what banking organizations may do and who may own them, with the Senate Gop’s draft bill suggesting still greater restructuring might advance in that chamber’s legislation. This report focuses on these provisions, which could radically reshape which types of companies are allowed to own IDIs and what IDI parent companies may do….

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.

 …

28 07, 2025

Karen Petrou: The High Cost to Competitiveness of the Bankers’ Quest for Certainty

2025-07-28T09:27:41-04:00July 28th, 2025|The Vault|

FedFin reports since at least 2011 have identified the comparative advantage nonbanks enjoy thanks to lots of costly bank-only standards.  However, we missed one big nonbank advantage sure to prove even more decisive in the stablecoin wars:  bankers crave regulatory certainty even as their competitors aggressively exploit the battlefield advantage that uncertainty gives to those who dare.

Bankers aren’t dare-devils because they’re not supposed to be.  Indeed, anyone who takes someone else’s money should be very, very careful.  Decades of accepting deposits under strict rules without meaningful competition meant that most bankers rightly asked a lot of questions before doing anything even a little bit novel.  To be sure, high-flying bankers abused taxpayer benefits thanks to negligent or even captive supervisors and rules weren’t always right.  Still, rules and the supervisors who enforced them generally kept bankers in their lane since there wasn’t any faster traffic.

This comfy balance between caution and competitiveness was fiercely challenged for the first time when money-market funds dawned in the late 1970s, luring bank deposits at a time when anachronistic rules barred banks from offering competitive interest rates.  High-flying bankers then sought to evade these constraints by making high-risk loans, thus bringing about the 1980s S&L crisis and the banking debacle that followed in the early 1990s.  Both of these were systemic in terms of taxpayer cost, but neither had macroeconomic or financial-stability impact.

Newer, better rules succeeded these crises, but they were outflanked as “nonbank banks” became the first commercial firms to exploit …

21 07, 2025

Karen Petrou: How New-Age ILCs Will Bust the Old Banking Paradigm

2025-07-22T12:54:27-04:00July 21st, 2025|The Vault|

As our forthcoming in-depth analysis will make clear, the FDIC’s request for information (RFI) on industrial loan company charters is a critical document to which one must respond in order to have any say in the future of banking as it may soon be set. This is easy to miss — RFIs are usually little more than a duck and cover. See for example the recent inter-agency RFI on payment fraud, from which one can deduce little but that the agencies think fraud is bad — questions asked, decisions deferred, discretion preserved. That is definitely not what the FDIC is about when it comes to ILCs – it is asking tough questions it will begin to answer even before RFI comments are submitted later this year. Who gets an ILC charter will determine winners and losers for decades to come, or so history teaches us.

Due to decisions deferred, the ILC charter has been an unresolved question since the 1980s. Congress then enacted the “Competitive Banking Act” which was anything but since all it did was grandfather the banking/commerce mixes achieved through ILCs through 1987 without quashing all those that came thereafter. As the FDIC notes, ILC and similarly chartered assets grew from $4 billion in 1987 to $213 billion by 2006, when more than a few of the most aggressive ILCs were in high-flying nonbanks that were then bailed out during the 2008 crisis.

One might have thought Congress, or the FDIC would then decide what to do with …

14 07, 2025

Karen Petrou: How the For-Cause Firing Squad Lines Up

2025-07-14T10:13:23-04:00July 14th, 2025|The Vault|

Due to the din of demands from the Trump Administration, many observers disregarded Thursday’s letter on behalf of the President from OMB Director Vought to Fed Chair Powell. They shouldn’t. Mr. Trump is not one to let his enemies off lightly. Even as he continued his anti-Powell vendetta on Friday, his officials are readying a way to rid the President of his Fed chair in a way they hope the Supreme Court must accept.

The OMB letter built on accusations that first surfaced at a Senate Banking Committee hearing late last month. These concern renovations at the Fed’s Eccles Building, a dump of grim brutalist architecture that never saw better days but was at least once in reasonable repair. Over the last decade or so, one couldn’t even say that. It is in fact a prime example of the awful architecture the President wants to blot from the face of the nation’s capital.

The Senate GOP inquiry and the OMB letter thus do not question the need for renovation but accused Mr. Powell of allowing gross over-budget spending on luxuries such as “Italian” – not all-American – beehives, “water features”, oodles of high-end marble, and a secluded art gallery. Mr. Powell acknowledges over-spending but said it wasn’t the Fed’s fault and denied any undue expenses for high-end appurtenances.  But, questioned in a follow-up GOP letter, Mr. Powell promised only a staff briefing, doubtless hoping to bury the issue but in fact giving his enemies an open field. Realizing this, the …

8 07, 2025

FedFin on: SLR Reform

2025-07-08T10:09:26-04:00July 8th, 2025|The Vault|

Reflecting a new approach to bank regulation and the strong hand of the Treasury Secretary, federal banking agencies have proposed a sweeping rewrite of the enhanced supplementary leverage ratio (eSLR) applicable to the eight U.S. banking organizations designated as global systemically important banks (GSIBs). The proposal does not expressly exempt Treasury obligations from the eSLR denominator, but it alters the manner in which the ratio is calculated….

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.…

7 07, 2025

Karen Petrou: Stablecoin Banks and the Increasingly-Uncertain Future of Banking

2025-07-07T09:18:34-04:00July 7th, 2025|The Vault|

The CEO of a high-flying conglomerate named Textron once quipped that his investment bank’s c-suite had a long wall of his deal-done plaques and another facing wall just as replete with his deal-undone announcements.  The investment bank made money on the way up and down, as did he.  The big losers:  investors.  Is this a lesson for our times as stablecoin issuers line up for bank charters? Banks hope so, but I fear not.

The difference between Textron then and all the nonbanks gunning now for bank charters is that, in the way-back, Textron competed on the proverbial level playing field.  The reason most of its acquisitions went bust is because the economies of scale and scope Textron touted were mostly chimeras since technology and data then did not reward consolidation.  Now they do.

Even more importantly, the firms Textron bought were also under the same rules – such as they were – as their competitors.  Now, of course, this isn’t anywhere close to the case for bank competitors such as auto manufacturers, tech-platform companies, payment entities, and nonbank stablecoin issuers.

We have written before about how regulatory and merger-policy obstacles make it hard for all but the biggest banks to innovate as well as of the inequities of the pending legislation’s stablecoin regime.  We’re not the only ones who know this.  Nonbank issuers are already looking for additional avenues of regulatory arbitrage and they don’t have to look far.

Last week’s news brought announcements of national-bank applications from Circle

30 06, 2025

Karen Petrou: How Banks Can Beat Stablecoins

2025-06-30T09:17:37-04:00June 30th, 2025|The Vault|

Last week, Chair Powell mildly told the Senate Banking Committee that he favors a federal stablecoin framework without yielding to the temptation and saying what it should look like.  This is doubtless because Mr. Powell is under such virulent attack in so many quarters that he wisely decided not to pick yet another fight with a President demanding speedy action. But, if pressed, I suspect Mr. Powell would agree with the startling conclusion in an unusually blunt report last week from the Bank for International Settlements:

Society has a choice. The monetary system can transform into a next-generation system built on tried and tested foundations of trust and technologically superior, programmable infrastructures. Or society can re-learn the historical lessons about the limitations of unsound money, with real societal costs, by taking a detour involving private digital currencies that fail the triple test of singleness, elasticity and integrity.

To be sure, one must parse more than a bit of central-bank speak to understand why the BIS is so worried.  “Singleness” is a concept rarely spoken of when it comes to money, but it’s the entire point of having a fiat currency. Except when it’s counterfeit, a dollar is treated the same no matter how it’s obtained or from whom thanks to hard lessons learned in the 19th century about “free banking” and the chaos it spawned.

The dollar-for-dollar reserve assets backing stablecoins as in the GENIUS Act legislation is designed to ensure singleness when it comes to ready exchange of …

25 06, 2025

FedFin on: Stablecoin Regulatory Framework

2025-06-26T12:07:17-04:00June 25th, 2025|The Vault|

After extensive controversy and debate, the Senate has passed S. 1582, a bill designed to create the federal framework for dollar-denominated stablecoins subject to U.S. law advocates believe are essential to speed innovation, improve the payment system, protect the dollar’s status, and ensure U.S. leadership in cryptoasset policy.  Opponents generally do not dispute these assertions about possible stablecoin benefits, but strongly object to asymmetries between how payment-stablecoin providers would be regulated compared to banking organizations even when it comes just to offering these instruments.  Concerns are also raised about the extent to which stablecoins would compete directly with bank deposits and disintermediate the economy as well as the extent ….

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.…

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