David Thompson (Cooper & Kirk) on What Can be Done about Operation Choke Point 2.0 (EP.412)

By On The Brink with Castle Island April 3, 2023 · Edited October 4, 2025

In this episode I sit down with David Thompson, managing partner at Cooper & Kirk. We cover the emergence of Operation Choke Point 2.0 and what recourse can be sought by the industry. In this

In this episode I sit down with David Thompson, managing partner at Cooper & Kirk. We cover the emergence of Operation Choke Point 2.0 and what recourse can be sought by the industry. In this episode:

• Cooper & Kirk’s track record and reputation • The story of Choke Point 1.0 and how Cooper & Kirk helped end it • How was OCP 1.0 resolved? • Why Cooper & Kirk wrote their recent white paper on OCP 2.0 • Differences between Choke Point 1.0 and 2.0 • Inconsistencies in FDIC Chair Gruenberg’s Congressional testimony • Why David thinks that a complaint on due process grounds might be the best option for affected firms • Relevant constitutional protections • How OCP 2.0 might resolve • The fate of the SPDIs • Possible violations of the Administrative Procedures Act by the Fed • How SCOTUS might rule on this issue