A Not-So-Fond Farewell to Sears

The bankruptcy filing, store closings and general uncertainty surrounding the future of Sears have prompted a spate of nostalgic business-page articles about the history of the once dominant retailer. Whether or not the chain survives, it is important not to sugarcoat its past.

Sears, along with Montgomery Ward, brought the joys of mass-produced merchandise to rural America. Yet its mail-order operations undermined local merchants and initiated the long-term decline of traditional main street life. Sears’ hyper-efficient system for fulfilling mail orders, using conveyor belts and pneumatic tubes, was said to have helped inspire Henry Ford’s automobile assembly line with its mixed blessings.

Sears began opening retail stores in the 1920s, and in the postwar period it played a major role in automobile-focused suburbanization and its attendant social and environmental impacts. The company would later extract a $242 million subsidy package to relocate its headquarters from downtown Chicago to exurban Hoffman Estates after threatening to move out of state.

In the 1980s Sears was one of the prime examples of wrong-headed diversification as it acquired the Dean Witter brokerage house and the Coldwell Banker chain of real estate agencies, and then introduced the Discover credit card. During the 1990s Sears had to dispose of all those businesses, along with its Allstate insurance operation.

In 2005 Sears suffered the indignity of being combined with Kmart by private equity operator Edward Lampert, who believed he could solve the longstanding problems of the two chains but instead ended up simply stretching out their death spiral.

Sears had long resisted unionization of its stores, but it adopted paternalistic practices such as profit-sharing that partly substituted for collective bargaining. During the Lampert era there has been little paternalism. Instead, workers at Sears and Kmart have frequently found themselves the victims of abusive labor practices.

Since 2007 the two chains have been implicated in nine collective action wage theft lawsuits and have had to pay out more than $56 million in settlements and damages – more than any other broadline retailer except Walmart.

During the Lampert era the two chains have also been cited more than 50 times by OSHA for workplace safety and health abuses, paying some $600,000 in fines. They have also been involved in five cases with the Equal Employment Opportunity Commission, including one in which Sears had to pay $6.2 million in 2010 to settle allegations of widespread violations of the Americans with Disabilities Act.

Sears has also gotten into trouble in its dealings with the federal government. In 2017 Kmart had to pay $32.3 million to resolve allegations that its in-house pharmacies violated the False Claims Act by overbilling federal health programs when filling prescriptions for generic drugs.

Sears has played a significant role in the history of American retailing, but it has not always been a positive one. Now that its days appear to be numbered, we can focus our attention on the newer generation of bad actors, such as Amazon, that now dominate the system in which we obtain the necessities of everyday life.

The Belated Revival of Pension Fund Social Activism

The rich own a large and growing share of the wealth in the U.S. economy, but more than $20 trillion in assets is held by financial entities that represent a much broader portion of the population: pension funds. According to a recent article in the New York Times, some of these funds, especially public employee funds run by state governments, are becoming woke.

The Times points to the support some funds have been showing for the effort of workers at Toys R Us to get severance pay if the troubled retailer’s private equity owners let it go under. Funds have also been pressuring private equity firms over issues such as foreclosures in Puerto Rico and payday lending.

These initiatives are encouraging, but there is one problem: they are about 30 years too late. The recent spurt of pension fund social activism is hardly unprecedented. In the late 1970s, when U.S. big business began an open assault on unions, labor strategists began looking to “pension muscle” as a new device for shifting the balance of power in industrial relations. The idea was to use pension assets as leverage to get corporations to treat workers fairly, while also seeking to use them to invest in projects that would create well-paying jobs for union members.

In 1978 Jeremy Rifkin and Randy Barber published The North Will Rise Again, a manifesto for a pension-fund revolution. Labor officials expressed indignation that the pension funds of unionized workers were often heavily invested in the securities of some of the country’s most anti-labor and socially irresponsible companies. Even the business press took a worried look at the potential power of union pensions; Fortune, for instance, published a piece entitled “Pension Funds Could Be the Unions’ Secret Weapon.”

Bringing about the pension revolution was no easy task. First of all, most single-employer plans were firmly controlled by management. Unions had more sway over multi-employer plans, known as Taft-Hartley funds, in industries such as construction. Yet even the latter were restricted by efforts of the Reagan Administration Labor Department to label targeted or social investments as violations of the fiduciary duties of plan trustees.

Unions did manage to mobilize pension power in some campaigns, including those targeting J.P. Stevens, Phelps-Dodge and Louisiana-Pacific, but it never amounted to anything close to the revolution envisioned by Rifkin and Barber. Some money was directed to labor-friendly investments, but for the most part, unions used their influence over pensions mainly to promote reforms in corporate governance that often had a limited relationship to workplace conditions.

The same was true for public pension funds. A few such as California’s CALPERS took some social initiatives but most state funds were no more activist than mainstream asset managers such as Fidelity Investments.

When the leveraged buyout operators of the 1980s repackaged themselves as private equity firms in the early 2000s, pension funds were not in a position to challenge the looting that took place. On the contrary, the funds, desperate to pump up their faltering assets, became some of the most enthusiastic investors. In a February 28, 2007 column in the Wall Street Journal, Alan Murray wrote: “Public-pension-fund money is pouring into private equity, where there is little accountability to investors, limited transparency, and compensation levels that would make the average CEO blush.”

Unions such as SEIU became vocal critics of private equity, while union trustees of Taft-Hartley funds joined their public pension counterparts in becoming enthralled by the high returns promised by PE. The Times piece was accurate in describing the relationship between private equity firms and pension funds as “symbiotic.”

We can hope that the recent revival of pension fund social activism is more than an anomaly, but one can’t help wonder how different the economy would be if it had not been postponed for so many years.


Note: This piece draws from an article of mine entitled “Labor’s Lost Lever” published in the May 1988 issue of The Progressive.

The Not-So-Mysterious Solution to Wage Stagnation

Many steelworkers thought they had hit the jackpot. Back in March, Donald Trump announced steep tariffs on metals imported from most of the world, and three months later he added close allies such as Canada and Mexico to the list. As with many of his other economic policies, Trump claimed that the move was designed to benefit U.S. workers, a few of whom were brought to the White House with their hardhats to serve as props when the measure was first announced.

Now months have passed, and steelworkers are still waiting for the payoff. As one of them recently told the Washington Post, “It’s been a little like watching the air going out of a balloon.” When it comes to steel company profits, the party is still in full swing as the industry reaps the benefits of soaring prices.

Yet the producers are resisting sharing the wealth with their workers. In fact, the big companies took such a hard line in their contract negotiations with the United Steelworkers that union members authorized strikes against United States Steel and ArcelorMittal. If a walkout were to occur, it would interrupt the labor peace that has prevailed in the industry for several decades.

It has been widely reported that Trump’s tariffs may be harming more workers than they are helping, as industries dependent on the affected imports lay people off or otherwise squeeze employees to deal with the increased costs. The situation in steel shows that even in the favored industries workers do not necessarily benefit when their employers experience a windfall. They have to fight for their share.

The same principle applies in sectors not directly affected by tariffs. Take Amazon, which has been basking in praise after setting a $15 an hour minimum wage for its growing workforce. This was not a case of corporate generosity.

The company, headed by the ridiculously wealthy Jeff Bezos, has been under increasing pressure over poor working conditions at its distribution centers. Amazon had replaced Walmart as the prime exemplar of the abusive employer. Sen. Bernie Sanders recently introduced legislation called the Stop Bezos Act to penalize large companies whose low-wage workers had to depend on government safety net programs. This, plus the Fight for $15 campaign and the community groups organizing around the company’s plans to build a massive second headquarters complex in a yet-to-be-chosen city, compelled Amazon to start to move away from the low road.

In a recent interview with the PBS Newshour, Fed chairman Jerome Powell was the latest economic analyst to call it a mystery that wages are not rising more in a tight labor market. Decades ago, when pay levels were rising rapidly, mainstream economists did not hesitate to cite unions as a key cause—and in fact blamed organized labor for being too aggressive.

Yet these same economists cannot bring themselves to acknowledge that the weakening of unions, brought about by employer animus and government restrictions, is now a major reason for wage stagnation.

The good news is that collective action, both through unions and other labor organizations, seems to be making a comeback. That—and not the bogus labor-friendly trade and regulatory policies of the Trump Administration—will be what restores the living standards of the U.S. workforce.

Corporate Harassment

People who are subjected to sexual harassment on the job are too often left to confront their abusers on their own. Those with means can hire high-powered legal help, as Gretchen Carlson did in her lawsuit against 21st Century Fox that resulted in a $20 million settlement. Other survivors of abuse may not get justice.

A new initiative by Fight for $15 is making the fight against workplace harassment a collective rather than an individual struggle. In a bold new initiative for the labor movement, the campaign recently organized work stoppages at McDonald’s fast-food outlets in ten cities to protest harassment and to highlight complaints filed earlier this year with the U.S. Equal Employment Opportunity Commission.

This will not be the first time the EEOC has heard reports about such practices at McDonald’s. In 2010, for example, the company had to pay $50,000 to settle allegations of harassment by an assistant store manager in New Jersey who was reported to have touched and spanked a teenage worker.

For years, the company failed to take adequate action to deal with repeated instances in which female workers were falsely accused of stealing customer property and strip-searched by managers in response to phone calls from individuals pretending to be law enforcement officers. In 2007 McDonald’s had to pay $6.1 million to settle a lawsuit filed by a young worker in Kentucky who was also molested.

The decision of a state appeals court upholding the damage award noted that similar incidents had occurred more than 30 times at McDonald’s outlets. The ruling went on to say: “McDonald’s corporate legal department was fully aware of these hoaxes and had documented them. The evidence supports the reasonable conclusion that McDonald’s corporate management made a conscious decision not to train or warn store managers or employees about the calls.”

Corporate decisions not to take steps to protect workers were also behind many of the more than 275 cases documented in Violation Tracker in which corporations paid to settle sexual harassment allegations brought with the involvement of the EEOC. These cases together have yielded $132 million in penalties.

The tally goes back to 2000, but cases continue to the present. Among the most recent ones are the $3.75 million harassment settlement signed by Koch Foods involving poultry workers in Mississippi who also alleged racial and national origin discrimination as well as the $3.5 million settlement by outsourcing company Alorica in connection with allegations that a group of customer service representatives in California were subjected to a sexually hostile work environment.

To supplement the EEOC actions I’m in the process of collecting data for Violation Tracker on class action and individual lawsuits brought by workers separate from the agency. These will cover harassment claims as well as cases involving discrimination by employers based on gender, race, national origin, religion, sexual orientation, disability and age discrimination. I’ve already tallied more than $1 billion in settlements and verdicts involving the largest corporations.

It’s great that the MeToo and the Fight for $15 movements are highlighting the continuing problems of harassment on the job. I look forward to the day when there will not be so many such cases to document.

 

Note: The latest update to Violation Tracker has just been posted.

The Persistence of Bank Misconduct

Ten years ago this month, the financial crisis erupted, and within a matter of weeks the banking landscape was transformed. Merrill Lynch was taken over by Bank of America. Lehman Brothers collapsed. AIG had to be bailed out by the federal government. Goldman Sachs and Morgan Stanley, the last two independent investment houses, were forced to become bank holding companies subject to stricter regulation. JPMorgan Chase took over Washington Mutual. Congress was compelled to create the $700 billion Troubled Asset Relief Program.

What were the consequences of the widespread misconduct that caused the meltdown? Lehman turned out to be the only major institution to suffer the fate of liquidation. No top executives at any banks faced personal criminal or civil charges. The federal government sold off its holdings in the companies that were bailed out.

The most significant penalty was financial. According to data collected for Violation Tracker, banks were hit with a total of $89 billion in penalties relating to the issuance and sale of the toxic securities at the center of the crisis. More than $40 billion in penalties were imposed in related mortgage abuse cases.

While by some measures these penalties are significant, they are far less than the amount of harm the banks caused to the economy and the financial well-being of homeowners, workers and others. What is even more frustrating is that the billions in payments seem to have failed in their main purpose: discouraging banks from engaging in similar bad acts in the future.

We don’t have to wait to see if this is true. Even while they were still resolving cases stemming from the financial crisis, large banks were starting to engage in more wrongdoing.

Exhibit A is Wells Fargo, which is now more notorious for its behavior subsequent to the meltdown. It will forever be known as the bank that created millions of bogus accounts to generate illicit fees from its customers. Earlier this year, Wells was fined a total of $1 billion by the Officer of the Comptroller of the Currency and the Consumer Financial Protection Bureau. That came after the Federal Reserve took the unprecedented step of barring the bank from growing any larger until it cleaned up its business practices.

Bank of America has also been accused of harming its customers. In 2014 the CFPB ordered the bank to provide $727 million in relief to credit card holders charged for deceptive add-on services. BofA’s Merrill Lynch unit has in recent years been fined repeatedly by regulators for a variety of improper practices. In June, for example, the SEC penalized Merrill $42 million for falsely telling brokerage customers that it had executed millions of orders internally when it had actually farmed them out to other firms.

Citigroup faced its own allegations of illegal credit card practices, and in 2015 it was ordered by the CFPB to provide $700 million in relief to customers. This year, in an unusually aggressive enforcement action by the Trump-controlled CFPB, Citi was ordered to pay $335 million in restitution to 1.75 million credit card customers for failing to properly adjust interest rates.

These abuses may not jeopardize the entire economy like those of the early 2000s, but they show that the big banks remain ethically challenged.

DOJ is also Defying Trump on Foreign Bribery

Millions of words have been published about Donald Trump’s feud with the Justice Department over the Mueller investigation. Little is being written about another way in which DOJ is thwarting the president’s will: the ongoing prosecution of foreign bribery.

Starting before he became a candidate for the White House, Trump has railed against the Foreign Corrupt Practices Act, the 1977 law that allows for both civil and criminal cases to be brought against officials that engage in bribery and related practices committed anywhere in the world as long as their company does business in or has securities trading in the United States. He continued to complain about FCPA’s supposed unfairness after taking office.

These complaints seem to have had little effect on DOJ or on the Securities and Exchange Commission, which enforces the civil side of the law. Data collected for Violation Tracker, including a forthcoming update, show that since Trump took office DOJ and SEC have announced more than a dozen case resolutions with total penalties of more than $1.5 billion.

Several of those resolutions have been announced during the past two months. In early July DOJ and SEC each announced cases with combined penalties of $76 million against Credit Suisse and one of its subsidiaries for improperly winning banking business by giving jobs to family members and friends of Chinese government officials. Just the other day, the SEC announced that the French pharmaceutical company Sanofi would pay $25 million to resolve allegations that its subsidiaries in Kazakhstan and the Middle East made corrupt payments to win business.

It is true that many of the cases announced under Trump have involved foreign companies. Others include Japan’s Panasonic, Sweden’s Telia, and Canada’s Kinross Gold. Yet the culprits have also included some U.S.-based companies. Last year, for example, Halliburton had to pay $29 million to resolve allegations relating to its actions in Angola. Earlier this year, Dun & Bradstreet paid $9 million in connection with two of its subsidiaries in China. Most recently, investment manager Legg Mason agreed to pay more than $34 million to settle allegations that one of its subsidiaries was involved in a scheme to bribe officials in Libya.

While DOJ and SEC seem to be carrying out their mission of investigating FCPA violations by a wide range of companies, it remains to be seen whether that includes the Trump Organization, which according to various media reports may have corrupt practices act liability in a variety of countries (see, for example, The New Yorker piece on Azerbaijan).

This may be another test of whether Trump – and his business interests – are exempt from the law, but for now it is good to see that Trump has not succeeded in undermining an important tool in prosecuting other corporate bad actors.

Trump’s Law and Order Campaign Skips the Workplace

The Trump Administration has left little doubt that one of its main missions is to roll back the regulatory initiatives of the Obama years, especially the Clean Power Plan and the Consumer Financial Protection Bureau. Although Trump has been less overt about it, his corporate-friendly approach also includes weakening rules that have been around for decades.

An important case in point concerns the Fair Labor Standards Act, the key federal wage and hour law that was signed into law 80 years ago by President Franklin Roosevelt. The culmination of decades of struggle over excessive workweeks, inadequate pay levels and child labor, the FLSA put the federal government in the business of combatting wage theft and other forms of workplace exploitation.

It accomplished that through a system of workplace investigations and the imposition of financial penalties on employers large and small. In a move that has received limited attention, the Trump Labor Department is seeking to replace rigorous enforcement with a system called Payroll Audit Independent Determination (or PAID) that puts employers on the honor system. Beginning with the dubious premise that wage and hour violations mainly derive from inadvertent mistakes made by managers, PAID will encourage employers to report irregularities on their own. When they do they will still have to pay back wages but will not be assessed damages or penalties.

Such a system makes a mockery of real enforcement. What makes matters worse is that PAID, which is being billed as a pilot program for now, is being pursued right after the U.S. Supreme Court’s disastrous Epic Systems ruling. That decision affirms the right of employers to compel workers to sign mandatory arbitration agreements that would severely curtail their ability to bring collective action lawsuits. As my colleagues and I at the Corporate Research Project and Jobs With Justice Education Fund showed in a recent report, these lawsuits have allowed workers to recover billions of dollars from large corporations.

PAID was featured in a recent NBC News feature on how the Trump Administration is relaxing regulatory enforcement in numerous areas. This prompted a group of Democratic Senators to express concern about PAID to the DOL, whose spokesperson responded that it was “premature to comment” on the program.

The controversy over PAID comes amid growing concern about the prevalence of wage theft. Some of those abuses apparently exist right inside the federal government. The Labor Department, which has not yet left the investigation business, is reported to be examining the practices of a company called Seven Hills, which manages the food court at the Pentagon.

Faced with the prospect of diminished DOL enforcement and restrictions on lawsuits, activists are looking to other solutions. Some of the most encouraging work is happening at the local and state levels. For example, Centro de Trabajadores Unidos en la Lucha (Center for Workers United in Struggle) is pressing Minneapolis Mayor Jacob Frey and the City Council to pass an ordinance dealing with wage theft.

In some parts of the country, law enforcement officials are taking the term wage theft literally and treating it as a criminal offense. For example, after a joint investigation by the Washington State Attorney General’s Office and the Department of Labor & Industries, a construction company and its owner pled guilty last month to a criminal charge of first-degree theft. Earlier this month, the New York Attorney General and the Inspector General of the Port Authority announced the arrest of a contractor for failing to pay prevailing wages at a publicly-funded construction project at LaGuardia Airport.

While it would be terrible to see DOL’s wage and hour enforcement system dismantled, there are other ways rogue employers can be brought to justice.

Can Large Corporations Be Made Accountable?

Kudos to Sen. Elizabeth Warren for introducing a piece of legislation that filters out all the political noise and goes to the heart of one of the most pressing issues of the day: what can be done to change the behavior of large irresponsible corporations? Her answer: quite a lot.

The key to Warren’s newly introduced Accountable Capitalism Act is a proposal – similar to one pushed by Ralph Nader starting in the 1970s – to end the monopoly that states have had on the chartering of corporations. Beginning in the late 19th Century, that system brought about a disastrous race to the bottom as states competed with one another for registrations by lowering their standards toward the vanishing point. Delaware won that competition and is now the chartering mecca for big business.

Warren’s bill would not eliminate state charters but would require large corporations, defined as those with $1 billion or more in gross receipts, to obtain a federal charter from a new agency created within the Department of Commerce. These “United States corporations” would be subject to a strict set of controls. First of all, they would be required to act in a way that creates “a general public benefit” and that balances the interests of shareholders with those of employees, consumers, communities and the environment.

To promote that end, employees of these corporations would get to choose two-fifths of the members of the board of directors. To discourage policymaking aimed at short-term stock gains, directors and officers would be prohibited from selling their shares for five years after obtaining them. To discourage improper involvement in the political process, these corporations would be barred from using company funds for political expenditures unless 75 percent of the board and 75 percent of shareholders approve.

Yet perhaps most important are the provisions relating to charter revocation. In theory, states have the power to revoke the charter of a corporation that engages in serious misconduct, but they almost never exercise that power. Warren’s bill would allow a state attorney general to petition the federal corporation office to revoke the charter of a company that has engaged in “repeated, egregious, and illegal misconduct” that has caused harm to customers, employees, shareholders or the communities in which the firm operates. That sounds a lot like the track record of a corporation like Wells Fargo.

Warren’s bill would go a long way to rein in large corporate miscreants. Of course, it has little chance of passage in the current Congress. Those circumstances may change, in which case Warren might want to consider some alterations to the bill to address a danger that would exist if someone like Donald Trump were in the White House.

We’ve just seen how Trump is using the power of his office to punish a critic such as former CIA director John Brennan by revoking his security clearance. If Warren’s federal chartering system were in effect, someone like Trump might try to revoke the charter of a corporation he dislikes. If Warren is going to use the federal government to restrain rogue corporations, she needs to make provisions for a rogue president as well.

Fake Environmental Regulation?

The Trump Administration likes to play with fire. Now it may be playing with a fire-resistant material that is also a deadly carcinogen. After years of receding as a public health threat, asbestos could make a comeback.

When Donald Trump joined his father in the New York real estate business in the late 1960s, the use of asbestos in high-rise construction was widespread. Yet within a few years it was revealed that the substance was highly dangerous for those who mined it, those who processed it and those who applied it. The hazard had actually been known for decades but had been kept secret by companies such as Johns-Manville in one of the most egregious corporate deceptions of the 20th Century. Paul Brodeur’s 1985 book on the subject was called Outrageous Misconduct.

Asbestos producers and users were hit with tens of thousands of lawsuits, which forced Manville and other companies into bankruptcy. Use of the material was largely eliminated and vast sums were spent to remove existing asbestos from countless buildings.

Donald Trump appears to be ignorant of this history. In 2012 he tweeted his support for asbestos, claiming that if it had been more widely used in the old World Trade Center the Twin Towers would have survived the 9/11 attack. He did not mention that asbestos fibers were present in the dust clouds generated by the disaster and are believed to be among the causes of the high rate of cancer among first responders and Ground Zero workers.

In recent days there have been reports suggesting that Trump’s Environmental Protection Agency might be putting the president’s pro-asbestos sentiments into action.  In early July the EPA issued what is known as a significant new use rule (or SNUR), inviting manufacturers to petition the agency to seek approval for asbestos products. An article in Fast Company sounded the alarm, stating that the EPA “has made it easier for companies to begin using asbestos again.”

The EPA is vehemently denying that is the case, insisting that it is actually strengthening asbestos regulation. An agency scientist told CNN that “the SNUR is really a good news story for public health protection.” The argument is that the rule would allow the EPA on a case-by-case basis to impose restrictions that may not currently exist. Unfortunately, it’s true that the United States, unlike many other countries, never fully banned the use of asbestos.

It is difficult to believe that the EPA, which has engaged in a deregulatory frenzy since Trump took office, will suddenly abandon its industry friends and embrace public health considerations in responding to new asbestos proposals.

One industry player, the Russian asbestos producer Uralasbest, apparently does not think so. The company, encouraged by the EPA’s reluctance to push for a total ban on the material, is decorating its shipments with a seal of approval containing Trump’s face and the statement “Approved by Donald Trump, the 45th President of the United States.”

A Brazen Corporate Miscreant

The Justice Department and the federal regulatory agencies have been less than energetic in prosecuting corporate crime and misconduct lately, so it was interesting to see the DOJ announcement that it had gotten Wells Fargo to fork over $2 billion to resolve a case involving mortgage-backed securities.

Before thinking that the Trump Justice Department is getting tougher on business offenders, it is important to keep in mind that this is a holdover matter from the prosecution of the big banks by the Obama DOJ in the wake of the financial meltdown. Most of the other banks settled their toxic securities cases long ago.

Wells held out and has now been rewarded by the Trump DOJ with a settlement that is substantially smaller than the ones that preceded it. JPMorgan Chase settled for $13 billion in 2013 and Bank of America for $16 billion the following year.

If anything, Wells should have been forced to pay out more to penalize it for its resistance. Moreover, during the years since its competitors resolved their cases, a tsunami of negative revelations have occurred regarding the other misconduct of Wells.

In fact, it has almost seemed that Wells was in a contest with Volkswagen to be crowned the most brazen corporate miscreant. Nearly two years ago, the scandal erupted regarding the bank’s widespread practice of secretly opening vast numbers of unauthorized customer accounts in order to generate illicit fees (the number of bogus accounts would turn out to be several million). This was followed by a series of other allegations such as charging 800,000 car loan customers for insurance they did not need.

Earlier this year, the Federal Reserve took the unprecedented step of barring Wells Fargo from growing any larger until it cleaned up its business practices. The agency also announced that the bank had been pressured to replace four members of its board of directors.

The actions of Wells were so egregious that even Mick Mulvaney, who took over the Consumer Financial Protection Bureau with the aim of defanging it, agreed in April to have the agency join with the Office of the Comptroller of the Currency to fine the bank a total of $1 billion for selling unnecessary products to customers and other improper practices.

The recent misdeeds of Wells share characteristics with the behavior outlined in the DOJ’s case. The bank appears to have been just as systematic and shameless in its deceptive mortgage practices as it was in generating bogus accounts. It seems that Wells managed to incorporate fraud into its business model in a seamless manner.

If any defendant was undeserving of preferential treatment, Wells Fargo is it.