1 00:00:00,080 --> 00:00:02,640 Speaker 1: In September of last year, Wells Fargo agreed to pay 2 00:00:03,600 --> 00:00:06,960 Speaker 1: five million dollars to resolve federal claims that employees secretly 3 00:00:07,040 --> 00:00:10,239 Speaker 1: open millions of banking credit card accounts without approval from 4 00:00:10,280 --> 00:00:13,319 Speaker 1: the customers. That settlement was just the beginning of what 5 00:00:13,360 --> 00:00:15,920 Speaker 1: looks to be an expensive period of legal turmoil for 6 00:00:16,000 --> 00:00:18,640 Speaker 1: the bank. Last week, well said it's legal costs might 7 00:00:18,640 --> 00:00:21,880 Speaker 1: be as much as three point three billion dollars, more 8 00:00:21,920 --> 00:00:24,880 Speaker 1: than what the company had already set aside. To talk 9 00:00:24,960 --> 00:00:28,720 Speaker 1: more about Wells Fargo's legal woes, we have John Coffee, 10 00:00:28,800 --> 00:00:32,879 Speaker 1: a professor at Columbia Law School. Jack, thanks for joining us. 11 00:00:32,920 --> 00:00:35,720 Speaker 1: Always good to have you on the show. Um, let 12 00:00:35,720 --> 00:00:40,479 Speaker 1: me start with that fake account scandal. Um, how close 13 00:00:40,760 --> 00:00:46,080 Speaker 1: is Wells to putting that particular issue behind it? Well, 14 00:00:46,080 --> 00:00:49,320 Speaker 1: it's increasingly looking like they are less complete and the 15 00:00:49,360 --> 00:00:52,920 Speaker 1: story is more to go than we originally imagined. Uh. 16 00:00:53,040 --> 00:00:57,720 Speaker 1: You know, the conventional wisdom among public relations specialists and 17 00:00:57,800 --> 00:01:00,120 Speaker 1: lawyers is you want to get the bad new is 18 00:01:00,160 --> 00:01:03,040 Speaker 1: out in one big release and then say we're putting 19 00:01:03,080 --> 00:01:06,600 Speaker 1: this behind us, it will never happen again. Instead, bad 20 00:01:06,720 --> 00:01:10,839 Speaker 1: news is dribbling out from all corners at this firm UH. 21 00:01:10,920 --> 00:01:15,360 Speaker 1: And probably the most discouraging discouraging news, which you just mentioned, 22 00:01:15,840 --> 00:01:18,720 Speaker 1: is a mayor summary for the second quarter. They have 23 00:01:18,840 --> 00:01:22,680 Speaker 1: just said that the additional regulatory course maybe as much 24 00:01:22,720 --> 00:01:27,560 Speaker 1: as three point three billion. Now that's up from what 25 00:01:27,720 --> 00:01:30,360 Speaker 1: they estimated at the end of the first quarter. So 26 00:01:30,400 --> 00:01:32,640 Speaker 1: what happened between the end of March and the end 27 00:01:32,680 --> 00:01:36,120 Speaker 1: of June and July that's suddenly making you say it's 28 00:01:36,240 --> 00:01:40,160 Speaker 1: up six they're learning, they're still troubles out there, and 29 00:01:40,160 --> 00:01:43,160 Speaker 1: we've seen stories come out from all over suggesting that 30 00:01:43,240 --> 00:01:46,040 Speaker 1: some of the old problems are still continuing. Yeah, let's 31 00:01:46,040 --> 00:01:48,320 Speaker 1: talk a little bit about those those news stories of 32 00:01:48,440 --> 00:01:52,040 Speaker 1: you know, we we have the issue about UH getting 33 00:01:52,040 --> 00:01:54,720 Speaker 1: people to buy auto insurance they don't need. There's a 34 00:01:54,720 --> 00:01:58,360 Speaker 1: settlement involving overcharging veterans on mortgage and financing. There's an 35 00:01:58,360 --> 00:02:04,240 Speaker 1: issue of a lawsuit involving denying loans to UH immigrants. 36 00:02:04,560 --> 00:02:06,840 Speaker 1: Is there one of those that strikes you as as 37 00:02:06,880 --> 00:02:10,920 Speaker 1: the most significant and engage explained it well. Some suggest 38 00:02:11,000 --> 00:02:15,040 Speaker 1: that the old business model is still continuing wells Fargo's 39 00:02:15,120 --> 00:02:19,280 Speaker 1: basic problem was their model was built on cross selling, 40 00:02:19,680 --> 00:02:24,320 Speaker 1: opening additional accounts, charging additional services and that of course 41 00:02:24,480 --> 00:02:29,000 Speaker 1: could produced all those bogus accounts. But the auto insurance 42 00:02:29,360 --> 00:02:33,720 Speaker 1: story that's still continuing suggests that some five hundred thousand 43 00:02:33,720 --> 00:02:38,840 Speaker 1: customers that's not a small number, unwittingly purchased auto insurance 44 00:02:39,160 --> 00:02:42,040 Speaker 1: on cars when they sought mortgage loans for the cars. 45 00:02:42,320 --> 00:02:45,400 Speaker 1: Many of them already had insurance on the cars, and 46 00:02:45,480 --> 00:02:47,760 Speaker 1: most of them didn't know they were getting this insurance. 47 00:02:48,160 --> 00:02:51,079 Speaker 1: That sounds like the old cross selling pattern that still 48 00:02:51,160 --> 00:02:53,919 Speaker 1: hasn't stopped and needs to be clamped down on a 49 00:02:53,960 --> 00:02:57,760 Speaker 1: little bit more firmly. My Crack producer David Sutterman just 50 00:02:57,800 --> 00:03:00,120 Speaker 1: sent me a story saying that there's a new law 51 00:03:00,160 --> 00:03:03,880 Speaker 1: suits on that issue filed by California's insurance regulator Regulator 52 00:03:04,400 --> 00:03:08,880 Speaker 1: UH involving saying that that Wells Fargo charge company customers 53 00:03:08,880 --> 00:03:13,120 Speaker 1: for policies they didn't request, or should we expect to 54 00:03:13,120 --> 00:03:15,040 Speaker 1: see more of this sort of stuff states and well, 55 00:03:15,080 --> 00:03:17,920 Speaker 1: there's a variety of ways that you can sue over this. 56 00:03:18,320 --> 00:03:22,080 Speaker 1: In some cases, this may affect your credit rating. You'll 57 00:03:22,360 --> 00:03:25,320 Speaker 1: have a problem there and you may be responsible for 58 00:03:25,840 --> 00:03:29,360 Speaker 1: an impaired credit rating for the customer. The veterans loans 59 00:03:29,400 --> 00:03:32,040 Speaker 1: you were defrauding the government because the government picked up 60 00:03:32,080 --> 00:03:36,000 Speaker 1: and uh guaranteed the loans of these veterans. So you 61 00:03:36,080 --> 00:03:39,320 Speaker 1: have people going back several steps who have sort of 62 00:03:39,360 --> 00:03:42,480 Speaker 1: these contingent claims. We have a problem with the immigrants 63 00:03:42,520 --> 00:03:46,720 Speaker 1: because California law and federal law doesn't allow you just 64 00:03:46,880 --> 00:03:50,640 Speaker 1: qualify immigrants from any kind of service. Um. So again 65 00:03:51,000 --> 00:03:53,600 Speaker 1: they have possible standing, and the court just refused to 66 00:03:53,640 --> 00:03:56,480 Speaker 1: dismiss that claim. So I think those three claims are 67 00:03:56,520 --> 00:03:59,280 Speaker 1: the ones we know about. We do know that they 68 00:03:59,280 --> 00:04:04,280 Speaker 1: are massively refashioning their hierarchy. There's something like seventy senior 69 00:04:04,320 --> 00:04:06,720 Speaker 1: managers have been let go this year, people who were 70 00:04:07,040 --> 00:04:10,280 Speaker 1: had the title of president or vice president of various divisions. 71 00:04:10,320 --> 00:04:12,440 Speaker 1: So they are trying to change their structure to make 72 00:04:12,480 --> 00:04:15,600 Speaker 1: it a little bit more flattened. So bad news may 73 00:04:15,600 --> 00:04:18,080 Speaker 1: get to the top quicker, but there still is an 74 00:04:18,120 --> 00:04:20,520 Speaker 1: awful lot of information that may be lurking at the 75 00:04:20,560 --> 00:04:24,720 Speaker 1: lower levels that hasn't percolated up yet. So we're in 76 00:04:24,720 --> 00:04:28,680 Speaker 1: this era where there's an expectation, in perhaps the reality 77 00:04:28,800 --> 00:04:33,200 Speaker 1: that the Trump administration might have a lighter regulatory touch 78 00:04:33,320 --> 00:04:38,200 Speaker 1: than the Obama administration did. Would you anticipate that will 79 00:04:38,400 --> 00:04:43,520 Speaker 1: help Wells navigate through all these issues. I would expect 80 00:04:43,560 --> 00:04:46,480 Speaker 1: that they have a lot less concern about the SEC 81 00:04:46,720 --> 00:04:50,160 Speaker 1: imposing heavy penalties on them. The SEC, in fact, has 82 00:04:50,240 --> 00:04:53,240 Speaker 1: decreased its penalty levels over the first six months of 83 00:04:53,240 --> 00:04:56,560 Speaker 1: this year by a very substantial margin. But there is 84 00:04:56,600 --> 00:05:00,680 Speaker 1: the private legal system and the veterans sued federal court, 85 00:05:01,120 --> 00:05:05,400 Speaker 1: the auto insurance cases are getting a variety of lawsuits 86 00:05:05,440 --> 00:05:09,599 Speaker 1: being brought, maybe including the California Insurance Department, and the 87 00:05:09,600 --> 00:05:12,320 Speaker 1: immigrants have a civil rights suit. So I think the 88 00:05:12,360 --> 00:05:16,359 Speaker 1: private litigation can still continue. And something caused them to 89 00:05:16,480 --> 00:05:23,240 Speaker 1: raise by their projection of worst case scenario costs for 90 00:05:23,400 --> 00:05:26,599 Speaker 1: regulatory compliance is going up to additional three point three 91 00:05:26,640 --> 00:05:30,200 Speaker 1: billion at SI jump. Is the real surprise here, and 92 00:05:30,240 --> 00:05:33,200 Speaker 1: it's not fully explained. Jack only about thirty seconds, But 93 00:05:33,240 --> 00:05:35,479 Speaker 1: I wanted to ask you because Laura Laura Keller, Bloomberg 94 00:05:35,560 --> 00:05:38,200 Speaker 1: News banking reporter, just just said told us a moment 95 00:05:38,200 --> 00:05:40,640 Speaker 1: ago that of that three point three billion dollars, the 96 00:05:40,640 --> 00:05:43,359 Speaker 1: biggest chunk may actually be coming not from the consumer side, 97 00:05:43,360 --> 00:05:48,279 Speaker 1: but from mortgage related issues. Are we talking about the 98 00:05:48,279 --> 00:05:50,480 Speaker 1: wrong things here? Is there is there much bigger threat 99 00:05:50,520 --> 00:05:53,200 Speaker 1: to Wells Front. I think mortgage relater issues can involve 100 00:05:53,240 --> 00:05:57,159 Speaker 1: the same practice of hidden fees. You've got the mortgage 101 00:05:57,240 --> 00:05:58,919 Speaker 1: or to take out a mortgage with you, and you 102 00:05:59,040 --> 00:06:02,080 Speaker 1: charge some fees. It weren't fully disclosed and we're hidden. 103 00:06:02,320 --> 00:06:04,960 Speaker 1: That's the cross selling problem that seems to have continued. 104 00:06:05,520 --> 00:06:07,760 Speaker 1: And again I think we are seeing a company that's 105 00:06:07,800 --> 00:06:11,200 Speaker 1: trying to change its ways. They are reorganizing themselves. They 106 00:06:11,240 --> 00:06:14,880 Speaker 1: did do a decent report and removed their CEO and 107 00:06:14,920 --> 00:06:17,760 Speaker 1: the executive vice president of the community bank. But I'm 108 00:06:17,800 --> 00:06:20,000 Speaker 1: afraid you have to get down to the lower levels 109 00:06:20,000 --> 00:06:23,280 Speaker 1: where there still maybe a variety of practices that no 110 00:06:23,320 --> 00:06:25,880 Speaker 1: one wants to confess to, and it will take a 111 00:06:25,920 --> 00:06:30,719 Speaker 1: more complete investigation. Okay, I wanna thank Jack Coffee Johnt Coffee, 112 00:06:30,760 --> 00:06:33,640 Speaker 1: professor at Columbia Law School talking to us about the 113 00:06:34,440 --> 00:06:38,480 Speaker 1: legal issues facing Wells Fargo. Still dealing with the fallout 114 00:06:38,560 --> 00:06:41,760 Speaker 1: from the creation of those fake accounts and uh now 115 00:06:41,800 --> 00:06:43,239 Speaker 1: apparently a number of other issues