The GENIUS Act Ties Stablecoin Risk to Banking Risk

Published in RealClear Markets.

The "Genius Act," while claiming to create virtually risk-free backing for the stablecoins it promotes, in fact ties stablecoin risk to banking instability, which the financial system has unfortunately so often experienced.  Is it possible for banking risk to become stablecoin risk?  It already has.  Recall this news report from 2023 about a leading stablecoin: "Circle's USD Coin lost its dollar peg and fell to a record low [as] the company revealed it has nearly 8% of its $40 billion in reserves tied up at the collapsed lender Silicon Valley Bank.  USDC is designed to trade at $1, but it fell below 87 cents."  The stablecoin was saved by an egregious federal bailout of wealthy uninsured depositors like Circle.

Could this happen again under the Genius Act?  It certainly could.  Although it has been virtually never mentioned in the Genius Act announcements and discussion, the act allows uninsured, unsecured bank deposits as an investment for stablecoin reserves.  Are these deposits risky? You bet. Merely because money is deposited in a federally insured financial institution does not mean that all or even most of the money is insured. For large deposits, it is rather the opposite. Federal law imposes a $250,000 ceiling amount for insured deposits. Deposits beyond these amounts are uninsured, at risk and their holders become general creditors of the failed estate in a bank receivership. 

What this means is that if the bank or banks where a stablecoin issuer keeps deposits were to fail, amounts above the insured ceiling would suffer losses unless the feds caused the taxpayers to bail them out. In the Silicon Valley bank failure, Circle kept $3.3 billion of its reserves with Silicon Valley Bank, all but $250,000 of which would have had large losses imposed without the bailout. Since 1980, more than 2,000 commercial banks failed in the United States, and numerous others were bailed out. Moreover, the Genius Act permits reserves to be held in uninsured deposits at foreign banks if they are correspondents of U.S. banks, potentially including, for example, banks in the Bahamas and Cyprus, increasing the risk further.  

The role of uninsured deposits in the Genius Act contrasts with the administration's focus on how stablecoin reserves can be short-term Treasury bills or their equivalents, which unlike uninsured deposits are very safe. Many view the act as a way of ensuring a continued strong market for U.S. Treasury debt, which is essential to maintaining the dollar as the world's reserve currency, at a time when foreign governments seem to be paring back their holdings of Treasury debt.  The White House statement on the act stresses that the act provides for "strong reserves'" and will, "generate increased demand for U.S. debt," to help ensure "the continued global dominance of the U.S. dollar as the world's reserve currency." Expanding the forms in which reserves can be held from short-term U.S. Treasuries to uninsured deposits in domestic and foreign banks greatly increases risk, however. Because of this, we believe the law does not require strong reserves, may not greatly increase demand for U.S. debt, and may help cause a crypto crash and a taxpayer bailout. 

The Genius Act further increases risk because it not only permits stablecoin reserves to be held as uninsured deposits but has other provisions that make it more likely that reserves will be held in such form. The law permits a subsidiary of an insured financial institution to issue stablecoins. No provision of law would prevent the subsidiary from holding its reserves in uninsured deposits at its parent bank. This creates a very favorable business model for banks. A bank subsidiary could issue stablecoins, on which the Genius Act prohibits paying interest, and charge a fee for such issuance. The subsidiary could then deposit these funds as reserves in its parent bank in a non-interest- bearing deposit. The bank could then use these funds, which are free money to the bank, to make loans or buy securities, thus enjoying a very profitable spread. This business model would in most circumstances be more profitable than merely investing the proceeds in short-term U.S. Treasury bills.  

Jamie Dimon, an historic crypto skeptic, has made an exception by endorsing stablecoins and stating that JP Morgan would issue them. Citigroup and Bank of America executives have also stated that they would get involved.  By issuing stablecoins, these banks will have deposits for which they pay nothing to fund their businesses. No wonder the banks are now stablecoin fans.  A continuing source of deposits on which no interest is paid is to a banker what the Holy Grail was to a knight of the Roundtable.

An even more striking risk may come from crypto entrepreneurs who set up banks to issue stablecoins though the banks' subsidiaries. We believe that the business model outlined above will be very compelling to stablecoin issuers. This is analogous to the 1980s when real estate developers were permitted by regulators to set up savings and loan associations to fund their developments and other real estate activities, contributing to the failure and taxpayer bailout of the savings and loan industry.  We believe that the Genius Act by permitting reserves to be held in uninsured deposits provides stablecoin issuers with a strong incentive to set up banks to use those reserves to fund more profitable and riskier lending activities, rather than choosing to invest in low-yielding short-term Treasury securities.   Placing these reserves in uninsured bank deposits would expose stablecoin holders to the risks of bank failures and the taxpayer to the risk of supporting another bank bailout. 

Bank regulators might prevent the risk of intertwined stablecoin issuer-bank failures by imposing rigorous regulatory standards, effectively enforced. Under the Genius Act, the regulators are granted broad powers to do such things. But will they? First, there will be enormous pressure on the regulators to allow wide participation in what has been designed as a highly profitable activity. In addition, this administration has family participation in cryptocurrency and has in key regulatory positions people who have taken very pro-crypto positions and, in some cases, had business ties to crypto companies prior to their government service.  Even if the regulators do their best, regulation has never stopped banks from failing or from repeatedly turning bank failures into systemic banking crises. If a crypto-funded bank were to fail, having pro-crypto industry regulators may increase the possibility that they would recommend a taxpayer bailout.

When the authors were at the Treasury Department, we were charged with identifying threats to financial stability.  The Genius Act would have made our alarm bells sound.

Mr. Adler, an attorney, served as deputy assistant Treasury secretary for the Financial Stability Oversight Council, 2019-21.  Mr. Pollock, with the Office of Financial Research during the same period, is a senior fellow at the Mises Institute.