Bitget App
Trade smarter
Buy cryptoMarketsTradeFuturesStocksEarnInstitutionAI & More
Fed Wins Legal Battle Over Custodia Bank Master Account Denial

Fed Wins Legal Battle Over Custodia Bank Master Account Denial

CoinspeakerCoinspeaker2025/10/30 16:00
By:By Zoran Spirkovski Editor Marco T. Lanz

The Tenth Circuit ruled 2-1 against Custodia Bank, upholding the Federal Reserve’s authority to deny master account applications from crypto-focused state-chartered banks.

Key Notes

  • The appeals court rejected Custodia's interpretation that Federal Reserve services must be provided, finding discretionary authority prevails over mandatory language.
  • Judge Tymkovich's dissent warned the ruling grants unreviewable executive power to unappointed officials, raising constitutional concerns under the Appointments Clause.
  • The Federal Reserve denied Custodia's application in January 2023 after a 27-month review, citing novel risks from its cryptocurrency business model.

The US Court of Appeals for the Tenth Circuit ruled against Custodia Bank on Oct. 31, affirming the Federal Reserve’s authority to deny the crypto-focused bank’s application for a master account. The 2-1 decision upheld a lower court judgment in favor of the Federal Reserve Board of Governors and the Federal Reserve Bank of Kansas City.

The court held that Federal Reserve Banks have discretion to reject master account applications from statutorily eligible institutions. Judge Ebel’s majority opinion rejected Custodia’s argument that Section 248a(c)(2) of the Monetary Control Act, which states services “shall be available,” creates a mandatory duty to grant accounts, according to the court opinion . The majority found that Section 342 of the Federal Reserve Act, which states a Reserve Bank “may receive” deposits, grants discretionary authority.

Master accounts provide banks with direct access to the Federal Reserve’s payment systems and allow institutions to hold reserves at the Fed.

Custodia had argued the Monetary Control Act’s language requiring that Federal Reserve services “shall be available” created a non-discretionary obligation. The bank contended that as a Wyoming-chartered Special Purpose Depository Institution eligible under federal law, it was entitled to an account.

Court’s Reasoning and Dissent

The majority opinion stated that reading a major access mandate into the Monetary Control Act’s pricing principles would be “finding an elephant in a mousehole.” The court also cited the 2022 Toomey Amendment, which requires reporting on rejected applications from eligible entities, as evidence that Congress understood rejections could occur.

Judge Tymkovich wrote a dissent arguing the Monetary Control Act’s “shall be available” language is a clear command. The dissent raised concerns under the Appointments Clause, warning the majority’s ruling grants “significant yet unreviewable executive authority” to unappointed officials.

The Federal Reserve Bank of Kansas City denied Custodia’s application in January 2023, citing heightened risks from its “novel” and “crypto-asset focused” business model.

Custodia CEO Caitlin Long , a Wall Street veteran, founded the bank to serve digital asset companies using a Wyoming SPDI charter .

Unlike federally chartered banks, which automatically receive master accounts, state-chartered institutions like Custodia must apply separately for Fed access. The bank had applied for the account in October 2020 and initially sued the Fed in 2022 over alleged delays exceeding 19 months.

0
0

Disclaimer: The content of this article solely reflects the author's opinion and does not represent the platform in any capacity. This article is not intended to serve as a reference for making investment decisions.

Understand the market, then trade.
Bitget offers one-stop trading for cryptocurrencies, stocks, and gold.
Trade now!

You may also like

The AI boom may follow the path of the 19th-century railway bubble, and builders may not be the ultimate winners

Goldman Sachs analyst Bobby Molavi compared the current situation to the 19th-century British railway mania: 500 companies spent more than the nation's annual income building 8,000 miles of railway, with most early investors losing out, while the real beneficiaries were the later "passengers." He pointed out that the current AI craze is driven by both debt and momentum, and that the S&P 500’s forward P/E ratio of 18x is only "a bit cheaper." Whether the builders can retain value is uncertain, and history does not offer an optimistic answer.

华尔街见闻•2026/11/12 03:56
The AI boom may follow the path of the 19th-century railway bubble, and builders may not be the ultimate winners

If Anthropic's IPO goes smoothly and the stock price rises next week, then everything remains the same for AI. Otherwise, some companies will go bankrupt.

The shrinking valuations of two major giants have triggered a chain reaction—investors are adopting more conservative revenue multiples for AI startups and are directly halting high-valuation financing for companies with zero revenue. Multiple venture capital firms have advised their portfolio companies to lower valuation expectations and to quickly build up cash reserves. Market participants warn that the outcome of Anthropic’s IPO will be a barometer for the industry: if successful, the boom will continue; if it fails, some companies may face elimination.

华尔街见闻•2026/11/12 03:46

After the Brazilian election, political discount deepens; Morgan Stanley remains bullish on Petrobras (PBR.US), focusing on fuel pricing and dividends

Morgan Stanley still maintains its most optimistic "Overweight" rating, but has lowered its year-end 2027 target price from $31 to $25.

智通财经•2026/11/12 03:42
After the Brazilian election, political discount deepens; Morgan Stanley remains bullish on Petrobras (PBR.US), focusing on fuel pricing and dividends

Corning (GLW.US) receives initial "Buy" rating from Jefferies! AI factories driving a fiber optic rush, with a potential global supply gap of up to 30%

For Corning, the recent profit growth mainly comes from the expansion of AI clusters. As the number of optical links crossing cabinets and campuses increases, customers need to deploy more optical fibers within limited conduit and cabinet space, thus driving demand for high-density optical cables and connection systems.

智通财经•2026/11/12 02:47
Corning (GLW.US) receives initial "Buy" rating from Jefferies! AI factories driving a fiber optic rush, with a potential global supply gap of up to 30%