Wells Fargo Under Criminal Investigation in Calif. | NBC4 Washington
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Wells Fargo Under Criminal Investigation in Calif.

"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 information) of customers," a Justice Dept. special agent wrote in an affidavit

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    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 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.

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    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 says 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 he would end doing business with the bank, a decision since echoed by officials 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.