The Commercial Appeal

Calif. AG leads criminal probe of Wells Fargo

False impersonat­ion, identity theft targeted

- DON THOMPSON

“There is probable cause to believe that employees of Wells Fargo Bank unlawfully accessed the bank’s

SACRAMENTO, Calif. - California’s attorney general is conducting a criminal investigat­ion into whether employees at San Francisco-based Wells Fargo bank committed false impersonat­ion and identity theft in the sales practices scandal that rocked the bank and cost its CEO his job, documents released Wednesday show.

A search warrant and supporting affidavit released by the state Department of Justice show that agents sought evidence related to allegation­s that bank employees created up to 2 million bank and credit card accounts without customers’ approval in order to meet sales goals.

The warrant, first reported by the Los Angeles Times, was served Oct. 5 as Attorney General Kamala Harris runs for the U.S. Senate in next month’s election.

Copies obtained by the Associated Press under a public records request show her office sought the names of customers who had accounts opened without their permission, the names of employees who opened the accounts and their managers, and fees associated with the improperly opened accounts.

“We can’t comment on an ongoing investigat­ion,” Kristin Ford, a spokeswoma­n for the attorney general, said in an email.

Wells Fargo spokesman Mark Folk said in an email that the bank is cooperatin­g in providing the requested informatio­n.

Justice Department Special Agent Supervisor James Hirt said in a 14-page affidavit seeking the search warrant that “there is probable cause to believe that employees of Wells Fargo Bank unlawfully accessed the bank’s computer system to obtain the PII (personal identifyin­g

computer system to obtain the PII (personal identifyin­g

informatio­n) of customers.”

“The bank’s employees then used the unlawfully obtained customers’ PII to commit false impersonat­ion and identity theft by opening unauthoriz­ed accounts, credit cards and various other products that resulted in the accumulati­on of fees and charges for Wells Fargo,” Hirt said. That violates two state laws, he said. The bank previously said it has fired about 5,300 employees for improperly engaging in fraudulent account sales.

Hirt’s affidavit said employees benefited from the practice by getting bonuses based on their productivi­ty. Fees from the improper accounts topped $3 million.

Harris joins state and federal regulators in California and other states in attempting to punish the banking giant. California State Treasurer John Chiang said last month that he would end doing business with the bank, a decision since echoed by officials in Illinois, Ohio and several cities.

Hirt’s sworn statement cites informatio­n first developed by the Los Angeles City Attorney’s Office, which announced a $185 million settlement with the bank in September.

Congress also weighed in before CEO John Stumpf announced his retirement a week ago.

informatio­n) of customers.” JAMES HIRT JUSTICE DEPARTMENT SPECIAL AGENT SUPERVISOR

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