# Custodia Bank Petitions Supreme Court Over Federal Reserve Master Account Denial

Custodia challenges the Federal Reserve's authority to deny master accounts to eligible crypto institutions.

- **Source:** [Bitcoin News](https://brifing.si/source/d8aeaf1e-9839-4dad-9d25-7a6bf3fbeef8)
- **Published:** 2026-11-02
- **Topic:** [Finance](https://brifing.si/c/finance)
- **Original article:** <https://news.bitcoin.com/regulation-and-legal/crypto-bank-custodia-urges-supreme-court-end-tyranny-federal-reserve/>
- **On Brifing:** https://brifing.si/s/7e02fe09-48fb-4f75-a776-720bc42a0d5e

## Supreme Court Appeal Filed

Custodia Bank has officially filed a reply brief urging the U.S. Supreme Court to review a 10th Circuit Court of Appeals decision. This legal battle centers on the Federal Reserve's authority to deny master accounts to eligible depository institutions, a move Custodia claims constitutes an overreach of regulatory power over financial innovation.

## The Monetary Control Act

The core of the dispute involves interpreting the Monetary Control Act of 1980. Custodia argues the statute mandates that the Federal Reserve shall make payment services available to all eligible banks. Conversely, the Fed contends that the absence of the word all allows for discretionary rejection of specific institutions based on risk.

## Judicial Disagreement Noted

The 10th Circuit ruling was not unanimous, highlighting deep divisions among jurists regarding agency discretion. Circuit Judge Timothy M. Tymkovich issued a dissent, warning that the majority decision grants the Federal Reserve unreviewable authority. This effectively provides central bankers with a veto over state chartering authorities, undermining the traditional dual banking system.

## Regulatory Discretion Concerns

Custodia argues that the appellate court’s decision improperly empowers unappointed regional bank presidents to block institutions from accessing core payment rails. The bank asserts this creates a fourth branch of government, where regulatory authority is exercised without clear statutory boundaries, leaving banks vulnerable to what they describe as the Fed's financial tyranny.

## Legislative Support Gathered

The bank's petition has attracted significant attention from lawmakers, including former U.S. Senator Pat Toomey and Senator Cynthia Lummis. They filed an amicus brief arguing that the 10th Circuit misconstrued congressional mandates. These lawmakers contend that the court mistakenly interpreted disclosure requirements as a structural grant of broad agency discretion for the Fed.

## History of the Litigation

Custodia initially sued the Federal Reserve Bank of Kansas City in 2022, citing undue delays in processing its master account application. After a formal rejection in 2023 based on inadequate risk management frameworks for cryptocurrency, a federal judge in Wyoming ruled in favor of the Fed, leading to the current appellate court appeal.

## Broader Economic Implications

The outcome of this case could fundamentally reshape the U.S. dual banking system. Custodia warns that if the lower court's ruling remains intact, it will cripple the ability of individual states to foster financial innovation. The practical stakes involve the potential for the Fed to deprive any depository institution of essential account access.

## Future Legal Precedent

As the Supreme Court considers the petition, the case highlights the ongoing tension between traditional regulatory frameworks and emerging digital finance entities. The final decision will determine whether regional Fed banks possess the legal latitude to enact policy-based rejections or if they must adhere strictly to the statutory eligibility requirements defined in 1980.

## Sources covering this story

- https://news.bitcoin.com/regulation-and-legal/crypto-bank-custodia-urges-supreme-court-end-tyranny-federal-reserve/ — 

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_Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._
