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Wall Street Banks to Sue Government to Stop Crypto 'Shadow Banks' From Taking Over

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Wall Street sign with U.S. flags and crypto coins including Bitcoin and stablecoins, representing institutional crypto adoption and financial market integration

TL;DR

  • Polymarket showed roughly 62% odds for the CLARITY Act to be signed in 2026, down from 72% in late February, as traders reassessed the banking lobby's influence.
  • Major U.S. banks and their trade groups are weighing legal action against the OCC over national trust charters for crypto firms, according to reports and recent lobbying material.
  • The fight is widening a split in Washington: banks want crypto firms held back from bank-like services even as many banks keep building their own bitcoin and stablecoin products.

WASHINGTON, March 11, 2026

Polymarket odds for CLARITY passing are now at 62%, down from 72% in late February, as major U.S. banks and their lobby groups prepare a possible lawsuit against the Office of the Comptroller of the Currency over trust-charter approvals they say could let crypto firms scale bank-like services nationwide without the full commercial-bank rulebook.

Will the CLARITY Act be signed into law in 2026? Live

Polymarket
62% chance
Yes
No

The dispute is no longer just about stablecoin yield or bill drafting. It is becoming a broader fight over whether crypto firms get a federal lane for custody, payments, and dollar-token infrastructure while banks keep the heavier capital, liquidity, and deposit-insurance burden. The drop in prediction-market odds suggests traders are still trying to price how much leverage the banking lobby can exert, including through a court challenge, over the bill’s final path.

Bitcoin traded around $70,346, up about 0.9% over 24 hours, with roughly $48.8 billion in 24-hour volume as the broader crypto market cap held near $2.47 trillion and bitcoin dominance hovered around 56.9%. Risk appetite still looked fragile: the Crypto Fear & Greed Index printed 15 on March 11, a reading labeled Extreme Fear.

Bitcoin (BTC) price: 2-week snapshot

BTC
$69,883.01
▲ 2.85% + $1,935.62
Feb. 26 to Mar. 11, 2026 (UTC daily snapshot) Mar 11 14 points
64,000 66,000 68,000 70,000 72,000 74,000 Feb 26 Mar 5 Mar 11 $69,883.01

Fear & Greed Index

Snapshot Mar. 11, 2026
15
Extreme Fear
Extreme Fear Extreme Greed

In its Dec. 12 charter release, the OCC said new entrants are “good for consumers” and would help the federal banking system keep pace with “the evolution of finance.” That stance is exactly what the banks are trying to slow, as the Bank Policy Institute was weighing a lawsuit after the OCC’s trust-charter approvals for crypto firms.

Wall Street banks prepare lawsuit over OCC crypto trust charters

The core bank argument is that a national trust charter can still create a powerful federal shortcut. A crypto firm may not take insured deposits like a traditional bank, but it can still run custody, wallet, settlement, and token infrastructure under a nationwide license and market itself with a bank-like halo.

That is why trade groups have spent months pressing the OCC to slow or narrow the lane. In a separate report on bank lobbying, the American Bankers Association argued the OCC should pause new crypto trust charters until GENIUS Act rules are clearer and warned that naming and disclosure standards could confuse customers about what is, and is not, protected like a bank deposit. Cointelegraph also reported that the Bank Policy Institute had earlier urged the OCC to reject charter bids from crypto firms including Ripple and Circle.

The conflict is now moving beyond comment letters. The Guardian’s report said the Bank Policy Institute is weighing whether to sue the OCC over those approvals, meaning Wall Street’s pushback may soon shift from lobbying into litigation. That is the clearest sign yet that banks are trying to stop crypto firms in court before those charters become a durable federal beachhead.

The complaint is not just procedural. Banks are effectively saying crypto firms should not be allowed to compete for payment balances, stablecoin wallet activity, or yield-sensitive cash management unless they absorb the same costs banks do. That sounds less like a safety-only argument and more like a fight to protect the incumbent deposit franchise we described earlier in our coverage of how banks want your stablecoins.

CLARITY odds fall as stablecoin competition heats up

The CLARITY market on Polymarket helps show how quickly traders have repriced the Washington fight. History from Polymarket’s market data showed the contract trading around 72% on Feb. 21 and Feb. 22 before sliding to roughly 61.5% late on March 11.

That move lines up with a policy timeline that has kept getting messier. The OCC approved Ripple, Paxos, BitGo, Fidelity Digital Assets, and First National Digital Currency Bank for national trust bank charters in December, then confirmed in a separate Dec. 9 interpretive release that national banks may conduct certain riskless principal crypto transactions. At the same time, congressional negotiations over market structure and stablecoin rewards were already running into resistance that we tracked in our earlier piece on the White House stablecoin-yield impasse.

Banks are also arguing this from an awkward position. Many of the same institutions now warning about crypto firms acting like shadow banks are already building bitcoin access, custody, or related infrastructure for clients, a contradiction we covered when top U.S. banks were rolling out bitcoin products. The practical split is not crypto versus no crypto. It is whether crypto competition stays inside bank walls.

Congress still has the underlying bill text on H.R. 3633, but the market is treating bank resistance as a real variable now, not background noise.

What to watch in the bank versus crypto showdown

The immediate unknown is whether the banking lobby actually files. A lawsuit would turn a lobbying campaign into a direct regulatory challenge and could slow how quickly new trust charters translate into live nationwide products.

The second watchpoint is the OCC pipeline itself. Reports on newer applications suggest more fintech and crypto firms still want in, which means the banks are not fighting a single approval cycle but a model that could keep expanding.

For crypto markets, the importance is straightforward even without price predictions. If federal charter access keeps opening, stablecoin issuers and crypto custodians gain a cleaner path to distribution and asset servicing. If banks succeed in narrowing that path, incumbents keep more control over the customer relationship, the payment rails, and the spread on cash-like balances.

Watch three dates and signals next: whether BPI confirms litigation plans, whether the OCC advances another charter applicant, and whether CLARITY negotiators can stabilize support after the latest drop in prediction-market odds. Until then, the fight over so-called shadow banking looks less like a niche charter dispute and more like the next front in Washington’s battle over who controls the future financial rails.

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Fact-checked by: Daily Crypto Briefs Fact-Check Desk

Frequently Asked Questions

Why are banks calling some crypto firms 'shadow banks'?

Bank lobby groups argue that trust-chartered crypto firms could offer custody, wallet, payments, and stablecoin-adjacent services that feel bank-like to customers without taking insured deposits or operating under the full commercial-bank framework.

What is an OCC national trust bank charter?

It is a federal charter supervised by the Office of the Comptroller of the Currency that can allow a firm to run trust and custody activities nationwide. It is not the same as a full-service commercial bank charter with deposit-taking and lending.

Why did Polymarket odds for the CLARITY Act fall?

The decline reflected a repricing of the bill's political path as bank lobbying intensified around trust charters, stablecoin rewards, and the scope of crypto firms' federal permissions.

What should readers watch next?

Watch whether the Bank Policy Institute actually files suit, whether the OCC keeps advancing pending charter applications, and whether Congress narrows or delays the market-structure package.