Explore The NRA Universe Of Websites

APPEARS IN News

House Report: "Choke Point" Targets Legal Businesses for Asphyxiation

Friday, May 30, 2014

On May 29, House Oversight and Government Reform Committee Chairman Darrell Issa  (R-Calif.)  released a staff report, The Department of Justice's "Operation Choke Point": Illegally Choking Off Legitimate Businesses? The report concludes that the true goal of the operation is to "choke out" certain industries, including legal businesses like sellers of firearms and ammunition, which the current administration considers politically objectionable.

The report follows the Department of Justice's (DOJ's) launch last year of Operation Choke Point, a wide-ranging investigation into banks and payment processors (the middlemen between banks and merchants in financial transactions). DOJ claimed the operation was aimed at combating mass-market consumer fraud by shutting down access to the banking and payment systems that are necessary for fraudulent businesses to operate. The justification was an alleged higher "risk profile" for consumer fraud or potentially illegal activities associated with some merchants or activities identified by the Federal Deposit Insurance Corporation (FDIC).

These "high risk" merchants are typically characterized by high rates of unauthorized transactions, consumer complaints, or evidence of state or federal regulatory or criminal actions against the business customer. However, with no explanation or justification, the FDIC's list of high-risk merchants and activities also lumped in ammunition and firearm sales (among other legal industries) with potentially exploitative or outright illegal enterprises. No one can reasonably suggest that firearms and ammunition sellers pose the same risks of fraud to banks and consumers as Ponzi schemes, cable-box descramblers, "get rich" products, online gambling, pyramid–type sales, debt consolidation scams, and similar schemes.

As NRA recently reported, evidence has been mounting that banks and financial institutions have been responding to the threat or potential for government investigative action and penalties by refusing to do business with legitimate law-abiding companies in the firearm industry. These decisions, moreover, are apparently being made without regard to the specific company's credit, criminal or financial history. Rather, they're predicated on the implicit threat that a bank's business relationship with a listed "high risk" merchant could be enough to trigger a federal subpoena and resulting investigation and lawsuit.     

Earlier this year, Chairman Issa and Subcommittee Chairman Jim Jordan requested that the Justice Department produce documents and communications related to Choke Point. Their resulting review of the 853 pages of internal documents provided in response concludes that "Operation Choke Point is an inappropriate exercise of the Department's legal authorities, and is being executed in a manner that unfairly harms legitimate merchants and individuals."

Other key findings of the report released this week include the following:

  • DOJ acted without the requisite legal basis. In furtherance of Operation Choke Point, the Department of Justice "radically and inappropriately expanded its own authority." Operation Choke Point's investigatory basis purportedly rests on subpoenas issued under Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, or FIRREA. Yet this authority was intended to give the Department the tools to pursue civil penalties against entities that commit fraud affecting banks, not to investigate consumer fraud, much less private companies doing legal business.
  • Despite assertions that the government's intended goal was limited to fraudulent activity, the report finds that DOJ targeted legitimate businesses. The desired effect was clearly to have legal merchants and legitimate businesses "choked off from the financial system." Operation Choke Point, according to the report, effectively transformed the FDIC "high risk" list "into an implicit threat of a federal investigation," a reaction the DOJ anticipated. The Justice Department was aware of the impact on legitimate businesses – that banks were dumping entire sectors of business deemed "high risk" by the government -- and "dismissed them."  The proffered reasoning was that banks and "legitimate" businesses would sort it out, an expectation the report likened to claiming, "if one is not a witch, then they will sink rather than float."
       
  • Rather than have offenders prosecuted on the basis of real and sufficient evidence in a court of law, DOJ misused its authority to "forcibly conscript banks to serve as the 'policemen and judges' of the commercial world."

  • The report specifically cites the consequences of labeling firearms and ammunition sales as "high risk," resulting in law-abiding firearm merchants having existing bank accounts frozen or terminated. "The experience of firearms and ammunition merchants – an industry far removed from consumer finance fraud – calls into question the sincerity of the Department's statements" regarding the scope and goals of  Operation Choke Point.

The report and its appendices are available online.

The report: http://oversight.house.gov/wp-content/uploads/2014/05/Staff-Report-Operation-Choke-Point1.pdf

 First appendix of documents: http://oversight.house.gov/wp-content/uploads/2014/05/Appendix-1-of-2.pdf

Second appendix of documents: http://oversight.house.gov/wp-content/uploads/2014/05/Appendix-2-of-2.pdf 

Congressional action is already underway to reign in what is merely the latest is a growing list of DOJ's abusive practices. We will continue to report as developments unfold.

TRENDING NOW
New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

Thursday, May 28, 2026

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

On May 27th, Virginia-based gun rights group the Virginia Citizens Defense League (VCDL) was informed by the Virginia Attorney General’s office that the Virginia State Police (VSP) would resume conducting background checks on private firearm ...

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

Friday, May 29, 2026

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

The criminalization of hunting and fishing is one step closer to a reality in Oregon. 

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

News  

Tuesday, May 26, 2026

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

Anti-gun arrogance, or incompetence, is reaching new heights.

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

News  

Tuesday, May 26, 2026

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

Anti-gun extremist Michael Bloomberg thankfully commands fewer headlines these days. But policy efforts like the latest “Public Carry Permitting Model Policy Guide”  from the Johns Hopkins School of Public Health’s Center for Gun Violence Solutions still ...

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

News  

Tuesday, May 26, 2026

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

America’s Second Amendment community had some insights into the outlook of the newly confirmed ATF Director Robert Cekada, when he recently testified before the House Oversight Committee’s Subcommittee on Federal Law Enforcement. 

Florida: Second Amendment Sales Tax Holiday Passes Legislature

Friday, May 29, 2026

Florida: Second Amendment Sales Tax Holiday Passes Legislature

Today, May 29th, marks the last day of the Florida special session. HB 7031-E received final passage and will soon be transmitted to Governor's desk for his consideration. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.