U.S. Banks Are the Real Losers If the CLARITY Act Dies, Says “Crypto Dad”

Speaking on The Wolf of All Streets podcast with host Scott Melker, Giancarlo was direct: the crypto sector will keep building with or without Washington’s help. The bigger problem, he argued, is that institutions like Bank of America are effectively frozen – unable to move forward without a defined regulatory framework.

“They cannot afford regulatory uncertainty,” Giancarlo said, warning that without the CLARITY Act, U.S. banks risk falling behind international competitors already moving aggressively into digital payments.

The Sticking Point: Who Gets the Interest?

The CLARITY Act – a market structure bill designed to settle the long-running turf war between the SEC and CFTC – would formally designate the CFTC as the primary regulator for spot crypto markets. That part isn’t particularly controversial. What’s causing the gridlock is stablecoins.

Specifically, whether crypto firms should be allowed to pay yield – effectively interest – on stablecoin holdings. Banks say no. Their argument: if customers can earn returns on digital dollar equivalents, money will leave traditional deposit accounts at scale. They’ve called it a “deposit flight” risk, and they’ve pushed back hard enough to blow up a White House compromise in early March 2026.

President Trump, for his part, has not been sympathetic to the banks’ position. He’s reportedly sided with the crypto industry, framing the banking sector’s resistance as an attempt to suppress competition and deny consumers access to returns on their own money.

Regulation Built for the Last Era

Giancarlo’s broader criticism goes beyond the current standoff. He argued that regulators consistently make the mistake of forcing new technology to conform to existing rules rather than developing frameworks suited to how innovation actually works. A principles-based approach, he said, is the only model that makes sense for an industry evolving this quickly.

That generational dimension matters too, in his view. Younger market participants aren’t turning to crypto out of novelty – they’re turning away from post-war financial institutions that weren’t built for them. That dynamic, Giancarlo suggested, isn’t going to reverse itself regardless of what Congress does or doesn’t pass.

The Market Is Watching

The stakes aren’t abstract. The total crypto market sits at roughly $2.34 trillion as of March 2026. Bitcoin has held in the $68,000-$70,000 range despite headwinds from Middle East tensions and the ongoing legislative uncertainty in Washington.

Meanwhile, more than 100 crypto-linked ETFs are waiting in the pipeline, with launches projected before year’s end – contingent, in large part, on regulators getting their house in order.

JPMorgan analysts have flagged a potential bill approval by mid-2026 as a meaningful positive catalyst, one that could drive a second-half market rally. Gemini has predicted the CLARITY Act will ultimately pass this year, ending what critics have called an era of regulation-by-enforcement. Grayscale is framing 2026 broadly as the beginning of an institutional era – a moment when crypto matures into a distinct asset class, no longer lumped in with high-risk tech bets.

Whether Congress moves fast enough to make that narrative stick is another question. For now, the industry is building. The banks are waiting. And the gap between them may be exactly the problem Giancarlo is warning about.



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