David Thompson (Cooper & Kirk) on What Can be Done about Operation Choke Point 2.0 (EP.412)

Published: April 3, 2023, 10 a.m.

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In this episode I sit down with David Thompson, managing partner at Cooper & Kirk. We cover the emergence of Operation Choke Point 2.0 and what recourse can be sought by the industry. In this episode:\\xa0

  • Cooper & Kirk\'s track record and reputation
  • The story of Choke Point 1.0 and how Cooper & Kirk helped end it
  • How was OCP 1.0 resolved?\\xa0
  • Why Cooper & Kirk wrote their recent white paper on OCP 2.0
  • Differences between Choke Point 1.0 and 2.0\\xa0
  • Inconsistencies in FDIC Chair Gruenberg\'s Congressional testimony
  • Why David thinks that a complaint on due process grounds might be the best option for affected firms\\xa0
  • Relevant constitutional protections\\xa0
  • How OCP 2.0 might resolve
  • The fate of the SPDIs
  • Possible violations of the Administrative Procedures Act by the Fed
  • How SCOTUS might rule on this issue\\xa0

Further reading:\\xa0

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