July 29 (Reuters) - A U.S. judge ordered Wells Fargo ( WFC )
to face a lawsuit alleging it defrauded shareholders by
proclaiming its commitment to hiring diversity, even as it
conducted sham job interviews of non-white and female applicants
it had no plans to hire.
U.S. District Judge Trina Thompson in San Francisco, who
dismissed a version of the lawsuit last August, on Monday found
direct and indirect evidence that the San Francisco-based bank
intended to defraud shareholders about its hiring practices.
She rejected arguments that there was insufficient proof
that fake interviews were widespread, or that top officials
including Chief Executive Charles Scharf knew about it.
Shareholders challenged 11 bank statements touting the
success of a policy adopted in March 2020 that at least 50% of
candidates interviewed for jobs paying at least $100,000 be
minorities, women or people in other disadvantaged groups.
They cited interviews with former employees, an internal
whistleblower email, and the sudden retirement of a senior
wealth manager who allegedly pressured the whistleblower into
conducting fake interviews.
"The employee-submitted complaints, the peculiar timing of
[the manager's] departure, and defendants' demonstrated focus on
diversity issues supports a strong inference of [fraudulent
intent] that is cogent and at least as compelling as an opposing
inference that defendants remained oblivious," Thompson wrote.
In a statement, Wells Fargo ( WFC ) said it would continue defending
against the lawsuit. It noted that the Department of Justice and
Securities and Exchange Commission closed investigations into
its hiring practices without taking action.
"Wells Fargo ( WFC ) is deeply dedicated to diversity, equity and
inclusion and does not tolerate discrimination in any part of
our business," it added.
Lawyers for the shareholders did not immediately respond to
requests for comment.
The fourth-largest U.S. bank has since 2016 faced many
complaints and public criticism over its business practices, and
remains under a Federal Reserve cap on asset growth.
Wells Fargo's ( WFC ) share price fell 10.2% over two days in June
2022, wiping out more than $17 billion of market value, after
the New York Times reported the Justice Department probe.
The case is SEB Investment Management AB et al v Wells Fargo
& Co ( WFC ), U.S. District Court, Northern District of California, No.
22-03811.