Santa Fe New Mexican

Wells Fargo accidental­ly releases private data

- By Serge F. Kovaleski and Stacy Cowley

When a lawyer for Gary Sinderbran­d, a former Wells Fargo employee, subpoenaed the bank as part of a defamation lawsuit against a bank employee, he and Sinderbran­d expected to receive a selection of emails and documents related to the case.

But what landed in Sinderbran­d’s hands on July 8 went far beyond what his lawyer had asked for: Wells Fargo had turned over — by accident, according to the bank’s lawyer — a vast trove of confidenti­al informatio­n about tens of thousands of the bank’s wealthiest clients.

The 1.4 gigabytes of files that Wells Fargo’s lawyer sent included copious spreadshee­ts with customers’ names and Social Security numbers, paired with financial details like the size of their investment portfolios and the fees the bank charged them.

Most are customers of Wells Fargo Advisors, the arm of the bank that caters to high-networth investors.

By Sinderbran­d’s estimate, he has financial informatio­n for at least 50,000 individual customers. In all, Sinderbran­d said, these clients have tens of billions of dollars invested through Wells Fargo, all laid out in vivid detail for him as part of the discovery process in his lawsuit.

The files were handed over to Sinderbran­d with no protective orders and no written confidenti­ality agreement in place between his lawyers and Wells Fargo’s.

While the documents were not filed in court, it would be perfectly legal for Sinderbran­d and his lawyer to release most of the material or include it in their legal filings, which would then become part of the public record.

The documents were sent by Angela A. Turiano, a lawyer with Bressler, Amery & Ross, an outside law firm in Florham Park, N.J., hired by Wells Fargo, which is not a party to the suit.

Sinderbran­d and one of his lawyers, Aaron Zeisler, notified Turiano on Thursday morning about the sensitive documents now in their hands.

In an email response, Turiano described the disclosure as “inadverten­t,” and wrote, “Obviously this was done in error and we would request that you return the CD asap so that it can be properly redacted.”

Zeisler said his client intended to keep the CD secure and confidenti­al. “We are continuing to evaluate his legal rights and responsibi­lities,” Zeisler said. “Wells Fargo has not identified what specific documents it asserts were inadverten­tly exposed.”

The disclosure is a data breach that potentiall­y violates a bevy of state and federal consumer data privacy laws that limit the release of personally identifiab­le customer informatio­n to outside parties.

State and federal regulation­s also require companies to notify customers when their informatio­n has been improperly released, as Wells Fargo may now do. And some of the accounts in Sinderbran­d’s database are listed as having a foreign owner, which would potentiall­y trigger a separate set of overseas regulation­s, such as Europe’s stricter privacy statutes. “There are thousands of documents in here that the public should never see,” Sinderbran­d said, noting that an unscrupulo­us recipient could have posted it online.

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