Explore The NRA Universe Of Websites

APPEARS IN News

House Committee Faults FDIC for Participation in Operation Choke Point

Friday, December 12, 2014

House Committee Faults FDIC for Participation in Operation Choke Point

In May, we reported on a House Oversight and Government Reform Committee exposé that substantiated improper activities by the Department of Justice (DOJ) under the guise of Operation Choke Point.  While DOJ insisted that the operation was meant to protect the soundness of America’s financial system by targeting fraudulent businesses, the committee report concluded that the true goal of the operation was to “choke out” legitimate industries that regulators considered objectionable.  Among others, these included firearm and ammunition sales.

A new report by the committee, “Federal Deposit Insurance Corporation’s Involvement in ‘Operation Choke Point,’” makes equally damning findings about the Federal Deposit Insurance Corporation, the “primary federal regulator of state-chartered banks” outside the Federal Reserve System.  According to the report, FDIC officials “targeted legal industries” and deliberately portrayed disfavored business types as “high-risk” to send a “message” to banks about the regulatory consequences of dealing with them.  They did so, moreover, based on FDIC officials’ own judgments about the moral standing of these industries as a whole, rather than on the compliance and financial performance of individual companies.  The report also concludes that a senior FDIC official’s statements under oath to Congress materially mischaracterized the degree of cooperation between the FDIC and DOJ in implementing the program, as well the program’s intentional targeting of specific business sectors.  “As a consequence of Operation Choke Point,” the report states, “banks are indiscriminately terminating business relationships with legal and legitimate merchants across a variety of business lines.”

In particular, the report cites several examples of firearm and ammunition businesses that have suffered the ill-effects of banks being effectively forced to drop lawful and well-performing clients.  “The experience of firearms and ammunition dealers – one of the most heavily regulated businesses in the United States – is a testament to the destructive and unacceptable impact of Operation Choke Point,” it states.  It further notes how in representative cases, “the financial institutions and payment processors made no reference to the merchants’ creditworthiness, individual risk profile, or due diligence findings.”  Rather, the “sole basis for the termination is their participation in an industry deemed ‘high risk’ by federal regulators.”  Indeed, the animosity of federal regulators toward firearm and ammunition sellers was so well understood that at least one private producer of compliance and risk management training software for bank employees included a related warning within its program.  Ludicrously and without justification, it advises, “Arms and Ammunition Dealers are identified as higher risk businesses because they have a higher risk of being associated with terrorism and terrorist acts.”

Just what caused the FDIC to lump in firearm and ammunition sales with such inherently fraudulent or improper operations as Ponzi schemes, “Racist Materials,” and drug paraphernalia?  The FDIC has not offered an official explanation.  While it purported to identify criteria common to “high risk merchants,” none of these factors applied to the gun shops victimized by the operation. Under federal law, retail firearms sales must occur in face-to-face transactions between licensed dealers and customers, leaving a paper trail that remains accessible to law enforcement officers and compliance auditors.  Yet the FDIC’s claimed risk factors included, “1) the consumer’s lack of familiarity with the merchant, 2) uncertainty with respect to the quality of goods and services being offered, 3) online or telephonic sales, and 4) the consumer’s ability to verify the identity or legitimacy of the merchant.”

The report impliedly offered another potential explanation in a lengthy examination of how FDIC regulators characterized another targeted business, payday lenders.  “Personal animus toward payday lending,” it states, “is apparent throughout the documents produced to the Committee.”  This even included one senior FDIC official’s directive to “always mention pornography when discussing payday lending,” the better to “convey ‘a good picture regarding the unsavory nature of the businesses’” on the “high risk” list.

Needless to say, the current administration’s attitude toward the firearm and ammunition industry is similarly condemning.  President Obama last year characterized congressional rejection of his demands for gun control as “shameful,” and alleged the “gun lobby and is allies willfully lied” about the expanded background check bill defeated in the Senate.  More recently, outgoing U.S. Attorney General Eric Holder called the administration’s inability to translate the horror of Newtown into increased federal gun control “something that I take personally as a failure.”  While the report leaves open the question of how high up the chain of command creation of Choke Point’s target list reached, numerous federal officials obviously concluded that firearm and ammunition sales should similarly be treated as obscene.

House Oversight and Government Reform Committee Chairman Darrell Issa (R-Cal.) is to be commended on his leadership in pursuing and exposing the corruption of Operation Choke Point.  Internal investigators at DOJ and FDIC are even now pursuing formal inquiries into the program and the officials and staff involved.  Hopefully this will lead to more transparency and accountability.  It should also be a recurring theme in vetting Eric Holder’s replacement as U.S. attorney general.

TRENDING NOW
California Glock Ban Triggers Warning from Trump DOJ

News  

Monday, June 29, 2026

California Glock Ban Triggers Warning from Trump DOJ

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), continues to play offense when it comes to the Trump administration defending the Second Amendment.

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

News  

Monday, June 29, 2026

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

A recent court decision adds Florida to the list of some 14 constitutional (“permitless”) carry states in which adults under the age of 21 may legally carry firearms. 

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

“Red Flag” Law Claimed to Work Simply Because it is Being Used

News  

Monday, June 29, 2026

“Red Flag” Law Claimed to Work Simply Because it is Being Used

According to a recent editorial by an anti-gun spokesman, Florida’s version of a “red flag” law—also known as an Extreme Risk Protection Order (ERPO) law—is a “success” simply because it is being used.

Arizona state flag

Monday, June 22, 2026

Arizona: Governor Hobbs Vetoes Pro-Gun Legislation...Again

On Friday, June 19, Governor Katie Hobbs (D), vetoed Senate Bill 1068 and Senate Bill 1069. For those keeping score at home, this marks not the first, nor the second, but the third time Governor ...

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

Thursday, June 25, 2026

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

On June 25, the U.S. Supreme Court invalidated a Hawaii law that sought to ban the carrying of firearms (including licensed concealed carry) on private property open to the public, unless the carrier obtained affirmative ...

California: Anti-Gun Bills Continue Advancing in Sacramento

Wednesday, June 24, 2026

California: Anti-Gun Bills Continue Advancing in Sacramento

Anti-gun legislation continues advancing in Sacramento. On June 30, the Assembly Public Safety Committee will hear Senate Bill 948, while the Senate Public Safety Committee will hear Assembly Bill 2047. Please use the Take Action ...

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Monday, June 29, 2026

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Today, the Virginia General Assembly met in Richmond to approve or deny Governor Spanberger's proposed Amendments to the state budget. 

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.