US banks weigh lawsuit against OCC over crypto trust charter policies

Following the OCC's December 2025 conditional approvals for national trust bank charters to crypto firms like Ripple and Circle—which drew sharp criticism—some of the largest US banks are now weighing legal action against the regulator for further easing rules on crypto and fintech charters. The Bank Policy Institute argues the changes could endanger consumers and the financial system amid the Trump administration's push to integrate cryptocurrencies into mainstream finance.

The Bank Policy Institute (BPI), representing 40 major US lenders including JP Morgan, Goldman Sachs, and Citigroup, is considering suing the Office of the Comptroller of the Currency (OCC). This follows the OCC's reinterpretation of federal licensing rules, simplifying access to national bank trust charters—which allow operations across all 50 states—for crypto, payment, and fintech firms.

OCC head Jonathan Gould, a Trump appointee and former crypto executive, has proceeded despite warnings from banking groups and state regulators. Banks argue that these charters to non-traditional firms bypass rigorous supervision for full banks, blurring lines and raising systemic risks.

In October 2025, ahead of the December approvals, the BPI had urged the OCC to reject applications from crypto firms Circle and Ripple, as well as payments company Wise, warning that a lighter regulatory touch for bank-like products could undermine the national banking charter. The BPI board features executives like JP Morgan's Jamie Dimon, Bank of America's Brian Moynihan, and Goldman Sachs' David Solomon.

This potential suit echoes the BPI's successful 2024 Federal Reserve challenge over stress tests. No final decision has been made, and BPI declined comment.

Opposition includes the Conference of State Bank Supervisors (all 50 states), which warned that approving crypto firms outside core banking laws harms competition, protection, and stability. The Independent Community Bankers of America (ICBA), for 5,000 smaller lenders, called it a 'significant loophole' for consumers and sector stability.

The moves align with Trump administration crypto mainstreaming, including family-linked World Liberty Financial's January charter application, under congressional scrutiny.

The OCC did not comment.

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Executives from five crypto firms (Circle, Ripple, BitGo, Fidelity Digital Assets, Paxos) celebrate conditional OCC trust bank approvals with officials in a modern boardroom, amid rising crypto charts and stablecoin symbols.
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OCC Conditionally Approves National Trust Bank Charters for Five Crypto Firms

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The Office of the Comptroller of the Currency (OCC) conditionally approved national trust bank charters for five digital asset firms—Circle, Ripple, BitGo, Fidelity Digital Assets, and Paxos—on December 12, 2025, bringing crypto custody and stablecoin activities under federal supervision. Comptroller Gould praised the move for fostering banking competition, amid stablecoin market growth to $313 billion, following the bipartisan GENIUS Act.

Major banking associations have sharply criticized the OCC's December 12 conditional approvals for national trust bank charters to crypto firms like Ripple, Fidelity, Paxos, BitGo, and Circle, citing regulatory arbitrage, absent FDIC insurance, and threats to systemic stability amid consumer confusion.

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Following December 2025 charter approvals for crypto firms, the OCC has closed comments on proposed rules clarifying national trust bank activities, while the CFTC issued guidance allowing stablecoins as margin collateral. Banking groups continue criticizing the charters as regulatory arbitrage and 'Franken-charters,' urging safeguards.

Crypto infrastructure provider Zerohash filed an application on March 4, 2026, for a national trust bank charter from the Office of the Comptroller of the Currency (OCC), mirroring Morgan Stanley's February filing for its Morgan Stanley Digital Trust subsidiary. The move bolsters partnerships for institutional crypto services amid a surge in similar applications from crypto firms.

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Under the Trump administration, U.S. regulators have shifted toward integrating cryptocurrency into the traditional financial system, marking a historic change from prior enforcement-heavy approaches. Key developments include new legislation for stablecoins and approvals for crypto firms to operate like banks. This evolution has boosted institutional adoption amid Bitcoin's volatile but upward price trajectory.

A proposed crypto market structure bill includes provisions that could significantly broaden the activities banks are legally allowed to pursue with digital assets, according to experts. While lobbyists debate restrictions on crypto rewards resembling yields, the permissibility section may have a larger impact on banking operations. This comes amid ongoing volatility in cryptocurrency markets.

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The US CLARITY Act has hit an impasse after major banks rejected a White House compromise limiting stablecoin yield rewards to peer-to-peer payments. This follows President Trump's recent criticism of banks and builds on stalled talks over incentives that crypto firms say are vital for innovation. Trump met with Coinbase CEO Brian Armstrong amid the deadlock.

 

 

 

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