by Roy C. Smith
The Wells Fargo case broke in mid September with the
announcement of its $185 million settlement with the City of Los Angeles and
banking regulators, just after my MBA course in Markets, Ethics and Law had
begun.
We discussed the case extensively in class and quickly came
to realize that (1) because of a seriously flawed bonus plan for branch
employees, (2) a surprisingly large number of these employees had gamed the
system over several years, opening 2 million or so unauthorized accounts, most
of which were either closed or unused. (3) The bank earned very little from all
this, and (4) customers who lost money were compensated so no real harm was
done, but (5) it took the bank several years to clean up the problem, (6) which
only came to light after an article in the Los
Angeles Times that triggered the subsequent investigation by enforcement
officials. The amount of the settlement was (7) quite modest compared to several
multi-billion dollar settlements announced by other large banks for misconduct
by employees that were inadequately supervised.
These facts were not enough to prevent the Wells Fargo case
to go volcanic.
My students were able to observe that In just a few weeks of
unrelenting pressure from politicians inspired by Sen. Elizabeth Warren and the
public media, Wells Fargo’s CEO for the past decade, John Stumpf, has been
forced to resign in disgrace, surrendering many millions of dollars of
compensation and benefits to clawbacks and other penalties assessed by the
bank’s board of directors.
Several other large bank CEOs have resigned since the 2008
crisis, none however as a direct result of a media avalanche following a
settlement announcement. And none of the others, almost all of which presided
over much more serious management failings than Stumpf, was clawed back and
subject to other penalties by the board of directors.
Indeed, prior to the announcement of the settlement, Wells
Fargo was the world’s most valuable bank (by market capitalization) despite
being considerably smaller in total assets than its runner up, JP Morgan Chase.
Wells’ stock traded at about 1.7 times book value when JP Morgan’s was at 1.0.
Wells Fargo survived the 2008 crisis with no help from the Federal Reserve, and
was the rescuing acquirer (without government assistance) of the failing
Wachovia Bank, the fourth largest bank holding company in the US.
Arguably, at a time when the largest players in the global
banking system have been seriously weakened by an increased regulatory burden,
slow economic growth and government interference in markets (to the point of
being unviable as continuing businesses -- see my previous posts on this
subject) Wells Fargo was the only truly healthy bank among our largest players.
Clearly eight years after the crisis, American Bank Rage
driven by politicians looking for headlines has not subsided at all. It has
gone too far.
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