Banks And The #Pornocalypse: Operation Choke Point
Back in 2014, I wrote a little bit about Operation Choke Point, the US Department of Justice effort to intimidate banks into refusing to handle the banking business of a wide variety of politically-disfavored industries, including the adult industry. Facts on the ground were, and are, few.
I’m not sure Franklin Veaux’s recent experiences with mysteriously losing his credit card processing for the Onyx sex game he sells (which looks like a fun way to loosen up a nerdy party and at least encourage it in the direction of a friendly orgy) can count as confirmation of the Operation Choke Point story, but he’s correct that his experience perfectly matches the profile:
This past April, I received notification from Best Payment Solutions that they were terminating my account. They gave no reason, other than they “sometimes terminate accounts for risk reasons.” In the thirteen years I’d been with them, I’d only had one chargeback–a rather remarkable record I doubt few businesses can match. Didn’t matter.
I was told that BPS would no longer work with me, but their parent company, Vantiv, would be happy to give me a merchant account. Vantiv’s underwriters, I was told, had looked at my Web site and had no problem with its contents.
So I did the requisite paperwork, turned it all in, and…nothing. For weeks, during which time I was effectively out of business.
Then, four weeks later, I heard back from Vantiv. We’re so sorry, they said, we thought we could give you a merchant account, but we can’t. When I asked why, the only thing they would say was “risk reasons.”
Thus ensued a mad scramble to find a new merchant account underwriter, a process that’s normally very time-consuming and tedious. I finally found another underwriter, which I will decline to name for reasons that will become obvious once you read the rest of this post, and I’m back up and running again…but not before I was out of business for over a month.
The rest of Franklin’s article reports on a backlash against Operation Choke Point, spearheaded (ironically) by the conservative media after reports that small retailers of guns and ammo were among the thirty or so disfavored groups targeted. According to Wikipedia, Operation Choke Point has been more-or-less terminated in response to the backlash:
On January 29, 2015, the FDIC issued a Financial Institution Letter that states “The Federal Deposit Insurance Corporation (FDIC) issued a Financial Institution Letter today encouraging supervised institutions to take a risk-based approach in assessing individual customer relationships, rather than declining to provide banking services to entire categories of customers without regard to the risks presented by an individual customer or the financial institution’s ability to manage the risk.
The Washington Times says this letter “effectively ends Operation Choke Point.” As reported by Forbes, “a change in the political landscape, many businesses threatening legal action and a congressman with a background in banking [forced] the bureaucracy to admit to misconduct and to stop financial attacks on legal businesses that the Obama administration deems to be politically incorrect.” Reports of continued termination of services to legitimate businesses, however, continue.
They do indeed continue, as witnessed by Franklin’s recent loss of processing. The people he dealt with were pretty clear that the “risk reasons” for not doing business with him didn’t have anything to do with the actual risks posed by his business. Whatever the official status of Operation Choke Point, it sounds as if the banks are still terminating banking relationships with adult-industry businesses to avoid official disapproval, however informal.
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Let’s not be too hard-line about “conservatives”. I believe that a only a minority of “conservatives” are “social conservatives”, who object to sex-related businesses. There are at least as many “financial conservatives”; otherwise, Huckabee and Santorum would be polling higher than single digits.
Most of the moderate and libertarian conservatives either don’t care about, or passively support, sex-related businesses. And for us out-and-out Libertarians, we SUPPORT sex-related businesses – and even “sex work” specifically.
I guarantee that Choke Point pissed off more gun-related businesses than it did erotic-related businesses. Which is good, because I support both. Let me put it this way; I once got a 10% discount at the local erotica shop because the cashier and I are both Life Members of the NRA.
Was I being hard-line about “conservatives”? I used the word only once, as an adjective, in the phrase “conservative media”, which in this context is a shortcode for “Fox News and AM talk radio”.
We can sorta see your knee jerking, but I don’t think it got hit by a hammer in this venue? ;-)
…and I was even wondering how fair it was to use the term “Obama administration”, because to me, it sounded more like something promoted by the hangers-on from the Bush or even the Reagan administration who were never replaced by the current admin. I always thought the conservatives commonly accused the liberals as being “soft on porn”…
I think your posting was fair to conservatives. It seems to me that they’ll go against their own beliefs these days by blaming everything they can tag as “bad” on the name “Obama”. “Because, you know… OBAMA!” has become a running joke among savvy liberal circles.
Whiplash, I try to stay pretty far away from political personalities and specifically-partisan debates here on the sex blog. But in my opinion, Obama has displayed an authoritarian streak that makes it fair to ding him for the Operation Choke Point shenanigans. He seems very strongly enamored of the power of the state, using it more vigorously than any other president to, for instant, put whistleblowers in jail or deport illegal aliens. I’m talking about his habit of using power the federal government indisputably has in much more vigorous and aggressive ways than has been historically traditional, and there are probably a dozen examples I could cite if this were a political blog. Thus I do not find it surprising that “his” banking regulatory agencies are using their very real power over banks to the detriment of legal-but-disfavored industries, including the adult industry. It’s not at all out of character for this administration.
[…] Banks And The #Pornocalypse: Operation Choke Point: Back in 2014, I wrote a little bit about Operation Choke Point, the US Department of Justice effort to intimidate banks into refusing to handle the banking business of a wide variety of po […]
[…] Banks And The #Pornocalypse: Operation Choke Point: Back in 2014, I wrote a little bit about Operation Choke Point, the US Department of Justice effort to intimidate banks into refusing to handle the banking business of a wide variety of po […]