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
En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

News  

Tuesday, July 21, 2026

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

National Right-to-Carry Reciprocity has been a popular topic lately.  President Donald Trump brought it up during an appearance at a Mack Trucks facility in Macungie, Pa., on June 23, proclaiming, “National Right-to-Carry, we’re working on it.” 

U.S. House Passes Legislation to Block Credit Card Gun Registry

News  

Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

Friday, July 17, 2026

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

House and Senate leadership have appointed members to the Committee of Conference for Senate Bill 3064, which includes, among other things, a lifting of the ban on Sunday hunting and expansions for archery hunting.

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

Grassroots Spotlight: NRA 2A Day Events

Take Action  

Tuesday, July 21, 2026

Grassroots Spotlight: NRA 2A Day Events

Over recent weeks, more than two dozen “NRA 2A Day” events were held across the country and in Puerto Rico as part of a national grassroots push, ahead of the upcoming election season.

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.