FORT LAUDERDALE — After hearing six weeks of testimony, a Broward County jury determined on March 25 that Wells Fargo Bank must pay $832 million in total damages to the plaintiffs in a lawsuit over how the bank made unauthorized fees, did not properly disclose the fees, and mismanaged investments for a trust involving 2,300 minors from the Seminole Tribe of Florida.

The named plaintiffs in the case are tribal members Lewis Gopher Jr. and Quentin Tommie; Nancy Jimmie, a parent whose children are tribal members; and Providence First Trust. Gopher, Tommie and Jimmie were in the 15th floor courtroom in downtown Fort Lauderdale nearly every day of the trial, sitting side-by-side at the plaintiffs’ table in front of 17th Judicial Circuit Judge William Haury.

“I’m very happy with how things turned out,” Tommie said after the trial. “It was a new experience for all of us, but we were definitely very dedicated the entire time to standing up for what we thought was right, in regards to the minors’ trust. I’m very pleased with the experience that I had with the legal team that we worked with and all of their grave efforts they gave to winning this case.”

During closing arguments on the previous day, lawyers for the plaintiffs presented a slide showing the damage awards being divided among the 2,300 beneficiaries. Conrad & Scherer founder and lead plaintiff attorney Bill Scherer opened and closed the case, setting the stage with a narrative that framed the issues for the jury and emphasized the serious breach of trust at the heart of the case. In the closing arguments, plaintiff lawyers Steven Osber and Irwin Gilbert, both from Conrad & Scherer, outlined the willful malfeasance and bad faith committed by Wells Fargo as trustee.

“The trustee knew the rules. The trustee ignored the rules. The trustee broke the rules. The trustee breached its fiduciary duty to the minors. The trustee covered it up. The trustee caused significant damages to the minors’ trust,” Osber told the jury.

Throughout the trial, the plaintiffs’ lawyers emphasized areas where the bank failed to act in the best interests of the beneficiaries, including not investing in stocks and not following the Prudent Investor Rule or the Modern Portfolio Theory.

“The trustee acted willfully knowing that its conduct was contrary to their fiduciary duties to the minor beneficiaries and in bad faith,” the lawyers presented to the jury in closing arguments.

The defense side, most often represented by Texas-based lawyer Thomas Melsheimer, claimed the trustee invested in low-return bonds because it was following the tribe’s desire to preserve principal in the trust.
The money in the trust came from the tribe via its gaming entities. The trust was irrevocable, meaning the money belonged to the minors when it was deposited into the trust and would become available to the beneficiaries when they became adults, provided they met criteria – including financial literacy and education – implemented by the tribe.

The jury, which was given 10 questions to answer on the verdict form, deliberated from about 10 a.m. to 3 p.m. before its verdicts were read in court and confirmed by the jury foreperson. The largest chunk of the damages – $818 million – is from the jury agreeing with the plaintiffs that Wells Fargo mismanaged the
trust’s investments. More than $7.1 million of the total damages is from the claim that unauthorized fees were collected and the failure to disclose those fees.

During testimony, bank employees admitted mistakes were made internally and policies were not followed.

“You heard throughout the trial how the defendants, representing Wells Fargo, came across to the jury—with suspicion and criticism regarding how they performed their duties,” Osber said after the trial. “Compare that to Lewis, Nancy, Quentin, and Jason [Fuller, from Providence First Trust], who were the faces of the Seminole minor children. They came across clearly likable, well-received, and most importantly, believable to the jury. I think that really shined through in how the jury evaluated the
evidence and reached their verdict.”

“When you get a jury verdict that’s the largest ever in Broward County history, you have to feel pretty good about the outcome. Considering it was on behalf of the trustee, three individual plaintiffs, and 2,300 beneficiaries—all children—you’ve got to feel very happy and gratified to achieve this kind of result for the tribe and its kids,” Scherer said after the trial.

The jury also determined that Wells Fargo should give up $7.6 million as a result of its unjust enrichment from the fees. The case dates back to 2016. It covers the period from 2005 to 2016 when Wachovia Bank and then Wells Fargo Bank, which acquired Wachovia in 2008, handled the trust.

“We’ve been doing this for close to 10 years, and I’ve been a part of this since [2016]. … But I just remember knowing, coming up to this, I almost felt contentment, because it’s time, it’s here,” Jimmie said.
“Like, yes, I was very nervous the first couple days, but working with the other plaintiffs, I enjoyed spending time with Quentin, Lewis and Jason, they’re my family now. I feel like they’re my brothers. The lawyers were so kind and just funny and fun to work with.”

Tommie said being one of the plaintiffs was a sacrifice, but a learning experience as well. He said he’s pleased the jury paid careful attention.

“Especially knowing that we’ve got justice for all of the minors that were in and that are currently in the minors’ trust. It was a sacrifice that was well worth it,” Tommie said.

Jimmie drove more than 5,000 miles over the course of the trial since she was going back and forth each day from her home on the Brighton Reservation. She said that over the years going through this process has made her felt like she’s grown with it.

“I used to ask myself, ‘Why me? Why me?’ … It was a lot to handle whenever I first started and people started finding out that I was going to represent. I had a tribal member ask me, ‘Why you?’ and I said ‘You know, I don’t know.’ I said, ‘But God has put me here, and I’m gonna finish it out, and I guess we’ll figure it out. He knows, ultimately, I don’t.’ And I had to be content with that. It took me a lot of time,” Jimmie said.

Tommie, reflecting on his testimony in the trial, said an impactful part for him was taking the past and the future generations into consideration.

“It was those who came before me that earned the ability to establish this trust for the future generations to come,” Tommie said.

He appreciated the tribal members who showed support, Tommie said.

“We really dedicated ourselves to this, and we also really supported each other a lot. It made it a bit easier as well to have that support from one another throughout this thing. And I greatly appreciate all of the dedication and the sacrifice that they also had to give and put into this,” Tommie said. “They really were a really great support system, and I’m happy to have been alongside them during this process. As well, there were a lot of tribal members that showed up and supported. Such as Sally Tommie and [President] Holly Tiger, as well as Councilwoman Mariann Billie from BC, Councilman Larry Howard from Brighton and Michele Thomas for bringing the kids from PECS and Ahfachkee. It was a huge deal for me. You could see the faces of the minors that we were fighting for. And the jury was able to see those young faces adorned in their traditional clothing, and they weren’t just names on a piece of paper.”

Gopher was not in the courtroom the day the jury made its verdict; however, he was at the plaintiffs’ table from start to finish nearly every day of the trial. With a smile before court started or during breaks, he often greeted and thanked those who sat on the plaintiffs’ side of the room. On the day of closing arguments, Gopher and Tommie stood for more than an hour at the table – never sitting down – as lawyers from both sides and the judge ironed out issues without the jury present. Gopher was not in the
courtroom the day the jury made its verdict because he was in Naples protesting plans to build a communications tower in the Everglades.

Tribune staff reporter Tatum Mitchell contributed to this story.