MARA was doing OFAC and their blocks were getting orphaned. Which is why they eventually were forced to capitulate. It's not about fees but about timing of other blocks being mined. It's wasn't 100% of the time, but enough to hurt their profits. Yes they were concensus valid, but nobody else was doing OFAC, nor does anyone want to. Why do you even care about OFAC?
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Maybe try to read my comment again. Censoring blocks don't get orphaned.
MARA's blocks were valid (just included fewer txs/fees).
They allegedly abandoned the experiment within weeks amid industry backlash and to align with Bitcoin Core 0.21.1/Taproot signaling, saying they would validate like everyone else (no censorship).
Orphan/stale events happen for timing races, not because a miner filters tx by policy if the block is otherwise valid.
So again, none of MARA's OFAC-compliant blocks were orphaned.
BitMEX Research noted one of the OFAC-compliant blocks contained ~0.0033 BTC less in fees than a normal maximized template would have, implying foregone revenue — not invalidity.