Crypto-Friendly Brooks Gets Nod to Serve 5-Year Term Leading Bank Regulator

Brooks, a former bank executive who joined the Office of the Comptroller of the Currency in March after a stint as general counsel at Coinbase, has headed the federal agency since May. One of his first actions at the agency was to propose a federal licensing regime for fintech startups, which would spare them from obtaining state-by-state money transmitter licenses that all crypto exchanges currently need to do business.

Since being named Acting Comptroller by Treasury Secretary Steven Mnuchin, Brooks has made a number of moves to integrate crypto with the historically gun-shy banking sector. In July, his office published a letter telling nationally-regulated banks they could offer crypto custody services, while announcing in September that these same banks can provide services to stablecoin issuers. 

Brooks has been serving as Acting Comptroller after his predecessor, Joseph Otting, announced his decision to step down in early May. The U.S. Senate Banking Committee oversees the OCC, and will likely hold a confirmation hearing before the entire Senate votes to confirm or reject Brooks’ nomination.

This means that timing could be a deciding factor. Trump lost November’s election to Democratic challenger Joe Biden, meaning Biden can nominate someone else to the position if Brooks isn’t confirmed before Jan. 20, 2021. 

Moreover, the Senate Banking Committee is losing a Republican member in Senator Martha McSally, who lost her seat to former astronaut Mark Kelly in a special election. Senator Kelly is expected to take the seat shortly after Thanksgiving (every other Senator-elect will be sworn in next year). 

It’s unclear whether the Democratic Senators on the committee would vote for Brooks. He has received criticism from Democratic Representatives for his focus on crypto, with several members of the House Financial Services Committee asking him a series of questions about his work on crypto and arguing he should spend more time addressing financial inclusion and minority banking issues, especially given the ongoing pandemic. 

In addition, the Democrats in the Senate may wish to let President-elect Biden name his own choice to the OCC to serve a five-year term, rather than let Trump confirm another regulator.

Brooks’ nomination comes on the same day a vote to confirm Federal Reserve Board of Governors nominee Judy Shelton failed. The former Trump adviser has been a controversial pick, with three Republican senators saying they would vote against her, citing concerns about her views on the gold standard and the independence of the Fed board. A new vote is expected to occur at a later date.