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
Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

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.