Ending Operation Choke Point

Yesterday The Daily Signal posted an article about five Republican Congressmen who have asked Attorney General Jeff Sessions to end Operation Choke Point.

The article explains:

As reported extensively by The Daily Signal, the Obama Justice Department, under Attorney General Eric Holder, designed Operation Choke Point in 2012 to “attack internet, telemarketing, mail, and other mass market fraud against consumers, by choking fraudsters’ access to the banking system.”

The program works by using federal banking regulators to pressure banks out of doing business with entire industries the government declares to be “high risk,” choking their access to the U.S. banking system.

But instead of simply targeting illegal, fraudulent businesses, the program also affected legal business owners, who complained they were being unfairly denied credit and losing access to third-party payment processors central to running their businesses.

Over the past two years, The Daily Signal documented multiple cases of banks’ denying legal business owners access to banking services.

I reported in June of 2014 (here) that Mark Cohen, owner of Powderhorn Outfillters, a store in Hyannis, Massachusetts, that sells guns was denied a loan by TD bank because of the fact the he sold guns.

I quoted a Breitbart.com article, which reported:

Cohen explained what happened in an interview with The Daily Caller on Friday.

“This year I went to apply for a line of credit, and the bank manager came by the store,” said Cohen, adding that he’s known the bank manager for over 20 years.

“Mark, I apologize,” she said, according to Cohen, “your credit history is great, but the bank is turning you down because you sell guns.”

That is only one example of how Operation Choke Point was used to interfere with honest businessmen trying to earn a living. Payday lenders were also targeted by Operation Choke Point, and Community Financial Services Association of America, which represents some of the nation’s largest short-term lenders, such as Advance America, filed a lawsuit.

The Daily Signal provides a few details about the lawsuit:

The suit named the Federal Deposit Insurance Corp. (FDIC), the government agency responsible for creating a “high risk list” of industries to target. That list grouped categories such as “racist materials” and “credit card schemes” with “firearms” and “tobacco” sales.

In July, the U.S. District Court for the District of Columbia ruled that payday lenders may press forward with their lawsuit against the FDIC and begin the discovery phase. That phase allows the plaintiffs to depose government officials under oath and examine documents and emails related to the program.

“We are thrilled by the court’s order to enter the discovery phase, as this illegal federal program has been unduly harming legal entities for years,” Dennis Shaul, CEO of the Community Financial Services Association, said in a July press release. “It is high time that the government’s unlawful and unjust crusade against lawful and licensed businesses be stopped.”

The article also reports the following:

In April 2016, one of President Barack Obama’s top Justice Department officials behind Operation Choke Point admitted the program had “unintended but collateral consequences” on banks and consumers.

No kidding. Actually, I am not convinced the consequences were unintended.