Order of assessment of civil money penalty: Silvergate ($43 million, AML transaction monitoring)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Banking

2024-06-04

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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

UNITED STATES OF AMERICA
                                BEFORE THE
             BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
                             WASHINGTON, D.C.

In the Matter of
                                                          Docket No.    24-013-CMP-HC
                                                                        24-013-CMP-SM
SILVERGATE CAPITAL CORPORATION
La Jolla, California
                                                          Order of Assessment of Civil Money
and
                                                          Penalty Issued Upon Consent
                                                          Pursuant to the Federal Deposit
SILVERGATE BANK
                                                          Insurance Act, as Amended
La Jolla, California

       WHEREAS, Silvergate Capital Corporation (“Company”), La Jolla, California, is a

registered bank holding company that owns and controls Silvergate Bank (“Bank”), La Jolla,

California, a state-chartered bank that is a member of the Federal Reserve System (collectively,

“Silvergate”);

       WHEREAS, the Board of Governors of the Federal Reserve System (“Board of

Governors”) is the appropriate federal banking agency and supervisor of Silvergate, and the

Department of Financial Protection and Innovation of the State of California (“DFPI”) is the

chartering authority and state supervisor of the Bank;

       WHEREAS, Silvergate is required to comply with all applicable federal laws, rules, and

regulations relating to anti-money laundering (“AML”) compliance, including the Bank Secrecy

Act (“BSA”) (31 U.S.C. § 5311 et seq.), the rules and regulations issued thereunder by the U.S.

Department of the Treasury (31 C.F.R. Chapter X), and the requirements of Regulation H of the

Board of Governors to report suspicious activity and to maintain an adequate BSA/AML

compliance program (12 C.F.R. §§ 208.62-63) (collectively, the “BSA/AML Requirements”);
       WHEREAS, from approximately 2014 through March 2023, Silvergate focused on

providing banking and financial services to foreign and domestic companies engaged in, among

other things, buying and selling crypto-assets;

       WHEREAS, in 2017, to facilitate U.S. dollar internal Bank transfers among Silvergate

customers engaged in buying and selling crypto-assets, Silvergate launched the Silvergate

Exchange Network (“SEN”), an internal payments platform that permitted Bank customers

participating in the SEN to make and receive, in near real time, internal Bank transfers of U.S.

dollars to and from other Bank customers participating in the SEN;

       WHEREAS, an investigation by the Board of Governors identified deficiencies in

Silvergate’s monitoring of internal transactions through the SEN;

       WHEREAS, on May 23, 2023, the Board of Governors, DFPI, and Silvergate mutually

agreed to enter a cease-and-desist order that requires Silvergate to implement the Bank’s self-

liquidation and cessation of operations in a safe and sound manner to protect the Bank’s

depositors and the Deposit Insurance Fund;

       WHEREAS, Silvergate has taken appropriate steps to liquidate and wind down the

operations of the Bank in an orderly manner, has repaid all of its deposit liabilities (other than

certain de minimis balances), and does not anticipate any impact on or access to the Deposit

Insurance Fund;

       WHEREAS, the Board of Governors and Silvergate have agreed to this Order of

Assessment of a Civil Money Penalty (the “Order”) pursuant to section 8(i)(2)(B) of the Federal

Deposit Insurance Act, as amended (the “FDI Act”) (12 U.S.C. § 1818(i)(2)(B)), for the unsafe

or unsound practices described above; and

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       WHEREAS, the boards of directors of the Company and the Bank at duly constituted

meetings adopted resolutions authorizing and directing the undersigned to enter into this Order

on behalf of the Company and the Bank, and consenting to compliance with each and every

provision of this Order by the Company and the Bank, and waiving all rights that the Company

and the Bank may have pursuant to section 8 of the FDI Act, including, but not limited to: (i) the

issuance of a notice of charges on any and all matters set forth in this Order; (ii) a hearing for the

purpose of taking evidence on any matters set forth in this Order; (iii) judicial review of this

Order; and (iv) challenging or contesting, in any manner, the basis, issuance, validity, terms,

effectiveness, or enforceability of this Order or any provision thereof.

       NOW, THEREFORE, before the filing of any notices, or taking any testimony or

adjudication of or finding on any issues of fact or law herein, without Silvergate admitting or

denying any allegations made or implied by the Board of Governors in connection herewith, and

solely for the purpose of settling this matter without a formal proceeding being filed and without

the necessity for protracted or extended hearings or testimony pursuant to sections 8(b)(1), (b)(3)

and (i)(2)(B) of the FDI Act (12 U.S.C. § 1818(b)(1), (b)(3) and (i)(2)(B)), it is hereby ordered

that Silvergate pay a civil money penalty as follows:

Assessment of Civil Money Penalty

       1.      The Board of Governors hereby imposes a civil money penalty on Silvergate in

the amount of $43,000,000.00 for the unsafe or unsound practices described herein. The civil

money penalty shall be remitted at the time of the execution of this Order by Fedwire transfer of

immediately available funds to the Federal Reserve Bank of Richmond, ABA No. 051000033,

beneficiary, Board of Governors of the Federal Reserve System. The Federal Reserve Bank of

Richmond, on behalf of the Board of Governors, shall distribute this sum to the U.S. Department

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of the Treasury, pursuant to section 8(i) of the FDI Act (12 U.S.C. § 1818(i)). This penalty is a

penalty paid to a government agency for a violation of law for purposes of 26 U.S.C. § 162(f)

and 26 C.F.R. § 1.162-21.

Communications

       2.      All communications regarding this Order shall be sent to:

               (a)    Richard M. Ashton
                      Deputy General Counsel
                      Jason A. Gonzalez
                      Deputy Associate General Counsel
                      Board of Governors of the Federal Reserve System
                      20th & C Streets, N.W.
                      Washington, D.C. 20551

               (b)    Mongkha Pavlick
                      Senior Vice President
                      Federal Reserve Bank of San Francisco
                      950 South Grand Avenue
                      Los Angeles, CA 90015

               (c)    John Buretta
                      Partner
                      Cravath, Swaine & Moore LLP
                      375 Ninth Avenue
                      New York, NY 10001

               (d)    Michael N. Levy
                      Principal
                      Ellerman Enzinna Levy PLLC
                      1050 30th Street NW
                      Washington, DC 20007

               (e)    Paris Cribben
                      General Counsel
                      Silvergate Capital Corporation
                      Silvergate Bank
                      4250 Executive Square, Suite 300
                      San Diego, CA 92037

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Miscellaneous

        3.      The provisions of this Order shall be binding on the Company and the Bank, and

each of their institution-affiliated parties, in their capacities as such, and their successors and

assigns.

        4.      Each provision of this Order shall remain effective and enforceable until stayed,

modified, terminated, or suspended in writing by the Board of Governors.

        5.      Except as otherwise provided in this paragraph, the Board of Governors hereby

agrees not to initiate any further enforcement actions, including for civil monetary penalties,

against the Company and the Bank, and their successors and assigns, with respect to the conduct

described in the WHEREAS clauses of this Order to the extent known by the Board of

Governors as of the effective date of this Order. This release and discharge shall not preclude or

affect (i) any right of the Board of Governors to determine and ensure compliance with this

Order, (ii) any proceedings brought by the Board of Governors to enforce the terms of this Order,

or (iii) any proceedings brought by the Board of Governors against individuals who are or were

institution-affiliated parties of Silvergate.

        6.      Except as provided in paragraph 5, the provisions of this Order shall not bar,

estop, or otherwise prevent the Board of Governors, the Reserve Bank, or any other federal or

state agency from taking any other action affecting the Company, the Bank, any of their

subsidiaries, or any of their current or former institution-affiliated parties and their successors

and assigns.

        7.      Nothing in this Order, express or implied, shall give to any person or entity, other

than the parties hereto and their successors hereunder, any legal or equitable right, remedy, or

claim under this Order.

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       By Order of the Board of Governors of the Federal Reserve System, effective this fourth

day of June_ 2024.

SILVERGATE CAPITAL                                BOARD OF GOVERNORS OF THE
CORPORATION                                       FEDERAL RESERVE SYSTEM

By:   /s/ Andrew Surry                            By:    /s/ Benjamin W. McDonough
      Andrew Surry                                       Benjamin W. McDonough
      Chief Accounting Officer                           Deputy Secretary of the Board

SILVERGATE BANK

By:   /s/ Andrew Surry
      Andrew Surry
      Chief Accounting Officer

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