*Obama’s ‘Operation Choke Point’*

Posted By *Arnold Ahlert* On December 18, 2014

Almost unbelievably, the Obama administration is involved in another
scandalous abuse of power, one that has largely escaped the public’s
attention. The House Oversight and Government Reform Committee released a
report
<http://oversight.house.gov/wp-content/uploads/2014/12/Staff-Report-FDIC-and-Operation-Choke-Point-12-8-2014.pdf>
December
8 detailing the abuses by the Federal Deposit Insurance Corporation (FDIC),
operating under the auspices of a program known as Operation Choke Point.
Run by the Departments of Justice and Treasury, Operation Choke Point was
supposed to target illegal businesses and prevent them from obtaining
access to the U.S. financial system. Yet damning emails unearthed by
investigators reveal
<http://dailysignal.com/2014/12/08/these-7-revealing-emails-show-federal-agencies-scheming-to-target-legal-businesses/>
regulatory
officials were motivated by personal animus toward certain businesses.
“It’s appalling that our government is working around the law to
vindictively attack businesses they find objectionable,” Rep. Darrell Issa
(R-CA), Chairman of the House Oversight and Government Reform Committee,
said in a press release.

“Internal FDIC documents confirm that Operation Choke Point is an
extraordinary abuse of government power,” Issa. “In the most egregious
cases, federal bureaucrats injected personal moral judgments into the
regulatory process. Such practices are totally inconsistent with basic
principles of good government, transparency and the rule of law.”

Operation Choke Point was publicly introduced
<http://www.justice.gov/opa/speech/financial-fraud-enforcement-task-force-executive-director-michael-j-bresnick-exchequer>
in
March of 2013, when Financial Fraud Enforcement Task Force Executive
Director Michael J. Bresnickat bought it up in a speech at Washington
D.C.’s Exchequer Club. Bresnickat assured his audience the reason the
program was “focused on financial institutions and payment processors is
because they are the so-called bottlenecks, or choke-points, in the fraud
committed by so many merchants that victimize consumers and launder their
illegal proceeds.”

Five months later, the *Wall Street Journal* revealed
<http://www.wsj.com/articles/SB10001424127887323838204578654411043000772> the
troubling reality that one of the first targets of the program were payday
lending operations. Peter Barden, spokesman for the Online Lenders
Alliance, sounded the initial warning, noting government pressure forcing
banks to stop payment processing “would cut off an important credit choice
for millions of underserved consumers” and “send a troubling message to
banks that at any point regulators can force them to stop processing legal
transactions simply because they don’t like a particular merchant or
industry.”

In January 2014, Issa, along with Economic Growth Subcommittee
Chairman Rep. Jim Jordan (R-OH), sent U.S. Attorney General Eric Holder a
letter expressing concern that “both the goal and mechanisms of Operation
Choke Point may constitute a serious mismanagement and abuse of the
Department’s FIRREA [Financial Institution Reform and Recovery Act of 1989]
authority.”

Issa wanted answers. The DOJ felt it was under no obligation to provide
them.

By the end of May 2014, Issa’s concern had morphed into outrage. He issued
a report contending
<http://www.breitbart.com/Big-Government/2014/05/29/House-Committee-Report-DOJ-Must-Disavow-and-Dismantle-Operation-Choke-Point>
Operation
Choke Point was so “flagrantly illegal” it was beyond legal rehabilitation.
“In light of the Department’s obligation to act within the bounds of the
law, and its avowed commitment not to ‘discourage or inhibit’ the lawful
conduct of honest merchants, it is necessary to disavow and dismantle
Operation Choke Point,” the report stated. It further noted that Holder
knew about the program prior to its launch, that he knew it was aimed at
targeting legal entities—and that he nonetheless fully supported its
implementation. Furthermore, the report suggested that once the program
became public, the DOJ may have attempted to cover up parts of its
operation.

It was also discovered that Operation Choke Point had expanded beyond the
payday lending industry, targeting manufacturers, distributors, and dealers
of firearms and ammunition, as well as coin dealers. And it was also
revealed that a January 23, 2014 deadline regarding Issa’s request for
information came and went absent any indication the DOJ had fulfilled it.

Three days later, MyFoxdc.com <http://myfoxdc.com/> issued
<http://www.myfoxdc.com/story/25668177/holders-gun-grab-via-operation-choke-point>
a
report on Operation Choke Point alleging the program targeted the gun
industry because Obama failed to get gun control legislation passed by
Congress. If such an effort has a familiar ring, it’s because Obama has
employed precisely the same Congress-bypassing tactic with regard to
illegal immigration. At that time, The National Shooting Sports Foundation
revealed many of its members in the firearms and ammunitions manufacturing
industries had had their banking relationships wrongfully terminated by the
program.

The report released Dec. 8 put the pernicious scope of the program in full
perspective. Its key findings reveal the FDIC “equated legitimate and
regulated activities…with inherently pernicious or patently illegal
activities,” via “circular argument policymaking”–an original list of
high-risk merchants were determined by FDIC, who then justified formal
guidelines for banks by claiming the categories “had been previously
noted”—by the FDIC itself.

The most egregious revelations centered around FDIC policymakers whose
“personal animus” towards the payday industry was so intense that their
senior-most bank examiners “effectively ordered banks to terminate all
relationships with the industry.” An email from Thomas Dujenski, FDIC’s
Atlanta regional director, to Mark Pearce, director of the Division of
Depositor and Consumer Protection underscores that personal animus:

I have never said this to you (but I am sincerely passionate about this) …
but I literally cannot stand the pay day lending industry … I had extensive
involvement with this group of lenders and was instrumental in drafting
guidance on stopping abuses.

Another damning email reveals that John Miller, Deputy Director
<https://www.fdic.gov/about/comein/bio-panelist/bio-fdic-miller.html> for
Policy and Research in the Division of Depositor and Consumer Protection at
the FDIC, was concerned about “taking pornography” out the equation in
letters about targeted businesses to Congress. The redacted writer of the
email expressed his concern that lumping pornography in with online
gambling and payday loan companies might make it appear that the FDIC was
making “moral judgments regarding the types of businesses with which our
institutions deal.” The email continues:

Jonathan heard where we were coming from but nonetheless wants to retain a
reference to pornography in our letters/talking points. He thinks it’s
important for Congress to get a good picture regarding the unsavory nature
of the businesses at issue. He repeated that ‘one is judged by the friends
one keeps,’ and he seems to feel strongly that including payday lenders in
the same circle as pornographers and on-line gambling businesses will
ultimately help with messaging on this issue.

If you feel there is legal argument beyond the one I made, and would like
us to push back on this issue, please let me know.

The report’s conclusions are unambiguous. “The practical impact of
Operation Choke Point is incontrovertible: legal and legitimate businesses
are being choked off from the financial system,” it states, further noting
the experiences endured by firearms and ammunition dealers “is a testament
to the destructive and unacceptable impact of Operation Choke Point.” The
report’s last paragraph is a testament to the corrupt nature of the Obama
administration and its power-abusing impulses:

“At a minimum, Operation Choke Point is little more than
government-mandated de-risking. FDIC, in cooperation with the Justice
Department, made sure banks understood–or in their own language, ‘got the
message’–that maintaining relationships with certain disfavored business
lines would incur enormous regulatory risk. The effect of this policy has
been to deny countless legal and legitimate merchants access to the
financial system and deprive them of their very ability to exist.
Accordingly, Operation Choke Point violates the most fundamental principles
of the rule of law and accountable, transparent government.”

Last June, Senator Rand Paul (R-KY) filed
<http://www.examiner.com/article/senator-rand-paul-tries-to-right-a-wrong-by-the-obama-administration>
an
amendment to the Science Justice Commerce Appropriations bill attempting to
cut off the administration’s efforts to effectively shut down gun stores
via Operation Choke Point. It followed the May 2014 passage of a House
amendment sponsored by Rep. Blane Luetkeymeyer (R-MO) to defund
<http://www.conservativeactionalerts.com/2014/05/house-defunds-doj-choke-point-bullying-operation/>
the
program. It was ultimately approved
<http://newsbusters.org/blogs/tom-blumer/2014/06/03/establishment-press-ignores-house-vote-defund-operation-choke-point>
by
204 Republicans and 117 Democrats. An article published by Human Events on
Nov. 17, 2014 indicates
<http://humanevents.com/2014/11/17/if-it-walks-like-a-lame-duck/> the
program has yet to be addressed in the still Democratically-controlled
Senate.

After trying several senators’ offices, FrontPage contacted a source in
Washington, D.C. who requested anonymity. He made a valiant effort to find
any mention of the Operation Choke Point in the recently passed $1.1
trillion CRomnibus bill funding the federal government for FY2015. The
search proved unsuccessful, indicating that it is more than likely
Operation Choke Point remains alive and well. It behooves a GOP-controlled
Congress to kill this egregious abuse of power as one of its first orders
of business next year. The American public has no use whatsoever for public
officials willing to trample the law to satisfy their personal worldview.
In short, it’s time to strangle Operation Choke Point.

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Article printed from FrontPage Magazine: *http://www.frontpagemag.com
<http://www.frontpagemag.com>*

URL to article:
*http://www.frontpagemag.com/2014/arnold-ahlert/obamas-operation-choke-point/
<http://www.frontpagemag.com/2014/arnold-ahlert/obamas-operation-choke-point/>*




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