September 12, 2017 - [updated 09/14/17 - see in red]

PRESCOTT LOVERN, SR. LEGAL NEWS – Prescott Lovern, Sr. (Lovern)

Attorneys that Lovern will file disciplinary complaints against in the first round of the Wells Fargo fake accounts scandal. [NOTE – Complaint allegations against these lawyers will not be disclosed in this press release].

James Strother [former general counsel], C. Alan Parker [current general counsel], Pamela Pearson [senior litigator] – Wells Fargo (WF)

Mike Miller – Partner Morrison Foerster [represents WF]. Larren M. Nashelsky, managing partner Morrison Foerster.

Issac deVyver, Ben Sitter, Jarrod Shaw  – McGuire Woods [represent WF]

Diana Weiss [Network Global General Counsel], Caroline Cheng [USA General Counsel {former White House Counsel to President Obama}] – PricewaterhouseCoopers (PWC) [PWC investigated and wrote Report for WF Directors on scandal].

Jonathan Su [former White House Counsel to President Obama] – Latham & Watkins [retained to represent PWC after PWC accused of covering-up federal felonies connected to scandal].

David J. Beveridge – Shearman & Sterling (S&S) [Global Managing Partner S&S].

Amy Friend – Senior Deputy Comptroller & Chief Counsel, Office of the Comptroller of the Currency (OCC). The OCC regulates Wells Fargo Bank. Julie Williams, former Chief Counsel / Deputy Comptroller OCC; Dan Stipano, former Chief Counsel OCC.

Scott Alvarez – just retired General Counsel, Federal Reserve Board (FRB). Wells Fargo & Co. [holding company] is regulated by the FRB.

Every licensed lawyer knows that when Wells Fargo opened a fake account without their customer’s knowledge and approval, state & federal laws were violated. Here are a handful of federal felonies in play, but not limited to – 42 U.S.C. § 408(a)(8) [social security numbers]; 18 U.S.C. § 3 [accessory after-the-fact]; 18 U.S.C. § 4 [misprision of felony]; 18 U.S.C. § 371 [conspiracy]; 18 U.S.C. § 241 [federally protected rights]; 15 U.S.C. § 1681q [FCRA]; 18 U.S.C. § 1961 et seq. [RICO]. (fake accounts scandal hereinafter referred to as “scandal”).

American Bar Association (ABA) Model Rule 8.3(a) states:

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Every jurisdiction has the exact or very close to the same standard in their Rules of Professional Conduct. Have any lawyers connected to the scandal been reported for misconduct. Not to my knowledge. All lawyers are required to report attorney misconduct, even if it is a colleague; however, every lawyer connected to the scandal will claim confidential and/or attorney/client privilege. WRONG!

In New York (NY) where much of the scandal attorney misconduct has occurred, NY’s Rules state – (b) A lawyer may reveal or use confidential information to the extent that the lawyer reasonably believes necessary; 6) when permitted or required under these Rules or to comply with other law or court order [underline added]. The District of Columbia Rules state you can use confidential information “to prevent, mitigate or rectify substantial injury to the financial interests or property of another.”

More important federal law [18 U.S.C. § 4] states – “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.” To my knowledge no lawyers connected to the scandal are facing disciplinary action, and, there is no evidence any lawyer has complied with 18  U.S.C. § 4.

All licensed attorneys are “Officers of the Court.” On admission to practice in federal court attorneys swear under oath – I _______________________, DO SOLEMNLY SWEAR (OR AFFIRM) THAT AS AN ATTORNEY AND AS A COUNSELOR OF THIS COURT I WILL CONDUCT MYSELF UPRIGHTLY [word salad] AND ACCORDING TO LAW, AND THAT I WILL SUPPORT [not abide by] THE CONSTITUTION OF THE UNITED STATES. [underline added]. Similar jurisdictional license Oaths are given. This is like a four year old telling his mommy after being told not to eat any cookies, “I’ll try not to eat all the cookies.”

How nice if lawyers would abide by all laws and the U.S. Constitution. The number of attorneys who have violated the law and committed serious ethic’s violations in connection to the scandal is staggering, YET, NO ONE is talking about it, much less doing anything about it. If ordinary citizens had done what I’m talking about they would be sitting in jail, denied bail, awaiting trial.

Too many lawyers think they can decide when and what laws they have to abide by. How do they get away with this behavior?  Easy, 1) Congress is controlled by lawyers; 2) judges are nothing but lawyers in black robes; 3) if a disciplinary complaint is filed, who makes the decision about discipline? Lawyers. Not trying to steal a phrase, it’s a rigged system. Not all lawyers are corrupt, but way too many are.

Here is the result of the attorney misconduct associated with Wells Fargo:

FROM WELLS FARGO 2016 10K – “If Wells Fargo were to fail, it may be resolved in a bankruptcy proceeding or, if certain conditions are met, under the resolution regime created by the Dodd-Frank Act known as the ‘orderly liquidation authority.’ ”

The “scandal” is just the beginning of attorney misconduct exposure. Just like in the Wizard of Oz, when the curtain was pulled back, wait until you find out what lawyers did in the MasterCard / VISA Credit Card, [yet to be litigated], CRIMINAL ENTERPRISE. If you want to “Drain the Swamp,” you have to start with the lawyers.

Stay tuned.

Comments are closed.