Wells Fargo’s CEO may not be able to talk himself out of this one

Wells Fargo (WFC) has fallen 8% since its announcement on September 8 that it was hit with a $185 million sanction from regulators and after later reports that it may face a criminal investigation.

On Tuesday, Wells’ Chairman and CEO John Stumpf will face questions from the Senate Banking Committee over the creation of sham bank accounts that led to the firing of 5,300 employees.

After commissioning a review of 93 million accounts opened since 2011, Wells Fargo identified 2 million accounts where customer authorization couldn’t be determined. This led to the ultimate discovery of $2.6 million in fees accrued for 115,000 unauthorized accounts.

The scope of the scandal may seem small relative to the size of Wells Fargo’s overall business. But the 5,300 individuals who were terminated—10% of them managers—could reflect deeper organizational issues … and more pain for the company.

Tuesday’s hearings promise to shed new light on just why the stock has plummeted and why it could have more room to drop.

Culture under fire

The big questions for Stumpf: Did he know about the creation of phony accounts? Does this scandal reflect a deep-rooted cultural problem, where the bank created incentives for fraud by giving branches high sales targets? Or was this an issue of individual deviances?

The problem is: None of it may matter.

See, Stumpf is caught in what can be characterized as a “Nixon problem.” If he knew about the opening of the accounts or even an aggressive culture that encouraged predatory sales tactics, he was complicit. But if he didn’t know, the abuse of customer trust marks a failure of supervision, leadership and control.

“Failure to supervise is a very serious issue, but it suggests a failure at some point in the chain of command,” Oppenheimer’s Chris Kotowski said.

The story began with a December 2013 LA Times article citing the company’s “pressure cooker” sales culture based on internal bank documents and court records along with a few dozen interviews with those involved in the company. The reporting brought on an investigation by LA City Attorney Mike Feuer, which led to a formal complaint in May 2015 and then a settlement last week.

Reports, including one from The Wall Street Journal this weekend, reflect a culture where managers put high demands on employees, including hourly targets and tactics such as searching for customers at retirement homes and bus stops.

The ‘regional bank’

The current scandal contrasts with Wells’ identity as a bulge-bracket “regional bank” that distanced itself from traditional investment banks during the financial-crisis era scandals.