San Francisco Chronicle

The Bottom Line:

Under federal law, banks crack down on employees who were jailed, no matter how minor their mistake

- By Andrew S. Ross

Why a crime worth a dime cost a Wells Fargo worker his job.

You’re an employee in good standing with a major bank, but nearly 50 years after a stupid mistake you made as a teenager, you suddenly find yourself out on the street.

So goes the story of Richard Eggers, 68, a customer service representa­tive for Wells Fargo Home Mortgage, fired last month after seven years of loyal service, for stuffing a fake dime in a Laundromat washing machine in the year 1963.

The story, which broke this week, is, to put it charitably, an example of the law of unintended consequenc­es. Eggers is among thousands of employees at financial institutio­ns throughout the country who have been thrown unceremoni­ously onto the unemployme­nt rolls. “We’ve had close to 500 calls in the past year,” said Natasha Buchanan, a criminal defense attorney at Higbee & Associates in Santa Ana, which represents 24 laid-off bank employees, including five in the Bay Area who used to work for Wells Fargo, Bank of America and BofA’s subsidiary, Merrill Lynch.

The law in question is contained in Section 19 of the Federal Deposit Insurance Act. Expanded and

tightened in the wake of the near collapse of the financial system in 2008, the law prohibits institutio­ns backed by the Federal Deposit Insurance Corp. from employing anyone who spent a day or more in jail for a criminal offense.

The law was supposed to root out financial and mortgage fraudsters, but has fallen primarily on lower-level employees like Eggers, who got two days in the Warren County, Iowa, pokey for his cardboard dime caper.

“It was a stupid stunt and I’m not real proud of it, but to fire somebody for something like this after seven good years of employment is a dirty trick when you come right down to it,” Eggers told the Des Moines Register.

Most of the past offenses committed by Higbee & Associates’ clients were of the petty theft, shopliftin­g and drugs variety, said Buchanan.

But because of the way the law is written, and the $1 million a day fine for noncomplia­nce it carries, the banks say they have little choice but to obey it to the letter.

“As an insured depository institutio­n, Wells Fargo is bound by Section 19 of the Federal Deposit Insurance Act that prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust — regardless of when the incidents occurred,” the San Francisco bank said.

“Wells Fargo has been performing thorough background checks on all its team members — regardless of when they were hired — which includes a fingerprin­t check with the Federal Bureau of Investigat­ion.”

Bank of America and Citibank did not respond to calls and e-mails on Thursday. JPMorgan Chase declined to comment.

There is a possible way back for fired employees, by means of a written waiver granted by the FDIC. The agency says it has seen a “significan­t increase” in waiver applicatio­ns since 2009.

“The issue with the expanded guidelines is that all the discretion is on the back end, in the waiver process, instead of the front end, when compliance personnel are looking at the criminal history of employees,” said an FDIC spokesman.

In Eggers’ case, “Wells Fargo connected Mr. Eggers with a FDIC case manager and hopefully they can pursue next steps,” said Ruben Pulido, a bank spokesman in San Francisco.

It would have helped had Eggers not spent a day in jail, in which case he could have been granted an automatic waiver for such a minor offense. Or, said Buchanan, if Wells Fargo was willing to sponsor his applicatio­n, the process could at least be shortened.

Right now, that appears to be a step too far for Wells Fargo. “It is not the responsibi­lity of a federally regulated financial institutio­n to intervene in an individual’s applicatio­n for a waiver,” said Pulido.

Instead, Eggers is relying on a Des Moines law firm, which is representi­ng three other fired Wells Fargo employees — each with minor conviction­s more than 10 years old — to help him navigate the waiver process.

Buchanan said many affected employees are either unaware of the waiver, or can’t afford to wait a year to find out whether they can get their old job back. “It’s especially hard for those who have been with their bank for 10, 20 or 30 years,” she said.

“I’m having to sign up for Social Security because of this, but I didn’t want to. I had hoped to work four more years,” Eggers told the Des Moines Register.

“I’d prefer to stay busy. I just want my job back.” Joining the big leagues? One doesn’t normally associate Peet’s Coffee & Tea, founded in Berkeley in 1966, with big-time college sports sponsorshi­ps.

But here’s the gourmet beverage chain sponsoring Saturday’s opening day Cal Bears game at the renovated “new” Memorial Stadium.

As part of the opening, the Bears are selling opening day tickets for $19.23, the year the original stadium opened, and have been running ads “Presented by Peet’s Coffee & Tea.”

Could Peet’s, which is on the verge of being bought for $1 billion by a German conglomera­te (unless another company — Starbucks? — outbids it) be joining beer dispensari­es and athletic apparel makers in the multigazil­lion-dollar college sports sponsorshi­p circus?

“It is a natural partnershi­p based on our Berkeley roots and our already strong presence on campus,” explained

Debbie Kristoffer­son, Peet’s’ vice president of brand and creative strategy.

“Peet’s is proud to partner with Cal as they unveil their new stadium, which will be an exciting destinatio­n for Bay Area families.”

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 ?? Andrea Melendez / Associated Press ?? Richard Eggers stands at a Laundromat in Carlisle, Iowa, where he was arrested 49 years ago for putting a cardboard cutout of a dime in a laundry machine.
Andrea Melendez / Associated Press Richard Eggers stands at a Laundromat in Carlisle, Iowa, where he was arrested 49 years ago for putting a cardboard cutout of a dime in a laundry machine.

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