Wells Fargo to appeal defeat of its challenge to mortgage suit

April 12, 2013 at 2:16AM

Wells Fargo & Co. said it will appeal a decision forcing it to defend a U.S. lawsuit over illegal mortgage practices.

Wells Fargo has said it can't be sued by the U.S. attorney in New York under the False Claims Act because it had already reached an agreement with the government over mortgage practices that was approved last April.

The San Francisco-based bank on Thursday filed a notice of appeal of a Feb. 12 decision by U.S. District Judge Rosemary Collyer in Washington, D.C., that a $25 billion agreement Wells Fargo and four other banks made with the Justice Department in April 2012 didn't release it from facing the false-claims allegations in the New York case filed in October.

The "certain liabilities" that Wells Fargo was released from in last year's settlement with the Justice Department didn't include the issues raised in the New York case, Collyer wrote at the time.

Katie Dixon, a Justice Department spokeswoman, didn't immediately respond to a phone message seeking comment on the bank's decision to file an appeal.

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