Silvergate's Former Risk Officer Settles with SEC to Avoid Prolonged Legal Battle

Kate Fraher, the former chief risk officer of Silvergate, has decided to settle with the U.S. Securities and Exchange Commission (SEC) in 2024 to circumvent a lengthy court battle. According to Cointelegraph, Fraher faced allegations of misleading investors regarding anti-money laundering protocols and the bank's oversight of cryptocurrency clients. In her initial public remarks on Wednesday concerning the settlement, Fraher asserted that no financial institution had demonstrated a failure in Silvergate's anti-money laundering measures. She chose to settle to "move forward," agreeing to a civil penalty of $250,000 and accepting a five-year prohibition from serving as a company executive or board director. Fraher highlighted the intense pressure exerted by the process, noting the personal impact, including being de-banked and having credit lines abruptly closed. These tactics, she claimed, were designed to disrupt daily life and enforce compliance. Her comments shed light on the circumstances surrounding Silvergate's voluntary closure following FTX's collapse. Fraher's ability to speak out came after the SEC lifted the longstanding "gag rule" on Monday. She clarified that the wind-down was not due to a "bank run" or market volatility from FTX's November 2022 collapse, despite the bank experiencing a deposit run of approximately 70%. Instead, Fraher attributed the decision to the "broader administrative and regulatory pressure" on the digital asset industry, which rendered operating a viable business unfeasible. The situation has been dubbed "Operation Chokepoint 2.0" by industry experts, referring to an alleged strategy by U.S. financial regulators to sever banking services for crypto companies, thereby hindering their operations within the financial system. Silvergate was not alone in facing these stringent measures, which intensified post-FTX's collapse. Signature Bank and Silicon Valley Bank also closed in early 2023, partly due to deposit runs, liquidity stress, and contagion effects linked to FTX and several bankrupt crypto lending platforms in 2022. However, Fraher noted that by early 2023, Silvergate had weathered the FTX collapse by restructuring with "appropriate capital levels" and a "right-sized workforce" to ensure safe operations. Fraher commended the SEC's current leadership under Paul Atkins for abolishing the gag rule, which she deemed an "unconstitutional policy." "I am glad the right to speak the truth has finally been restored," Fraher stated, emphasizing the need to discuss the long-term professional and personal toll imposed on individuals by regulation through enforcement.