APP - FDIC/JPM vs WaMu

DigitalDave

Sexy Beast!
http://www.justplainpolitics.com/wamu-t18021.html

This is a continuation thread of the previous Washington Mutual thread discussing the legal clusterf. Basically, Washington Mutual Bank (WMB) was owned by a holding company by the name of Washing Mutual Inc (WMI). When the Office of Thrift Supervision (OTS) seized them last September, they did so under a ton of pressure from the FDIC and Paulson. The OTS had recently declared that WMB was well capitalized, placing them in Tier 1. They had plenty of cash to withstand a bankrun and could handle a huge loss on their loans. In addtion to that, WMI had a deposit with held by WMB totalling around $4B. WMBfsb had $10B cash sitting to be transferred to WMB on Sept. 30th to help capitalize the bank even further. WMB had access to around $50B from other sources if needed. So WMB was able to withstand anything the econmoy could throw at it, and they issued a statement before they were seized saying they had the capital to last until 2010.

JPMorgan was doing all they can to scare people from the bank however, and used ratings agencies and leaked confidential information to tarnish the Washington Mutual brand. They offered to by the bank earlier in the year fro $8 a common share, and the bank had been valued at $12 a share, so needless to say, WMB rejected the proposal. JPMorgan, basically put on a fake bid to extract as much info about WMB as possible, and signed a few contracts not to buy WMB unless it cam directly from them. Which they later broke the terms on by buying them through the FDIC. Hank Paulson's egotistical ass told the executives "You should have accepted the deal" as he worked with JPMorgan to screw them over. They refused to put WMB on the short sell ban list, which was quite odd considering WMB was one of the largest banks in the world. Nevertheless, they colluded and caused any havoc on the bank they could.

Despite all this, as stated in my first paragraph, WMB was able to handle all of it. The share price was horrible, but the bank was sound. Jamie Dimon and Paulson pulled a nice stunt however to try and cause a bankrun. It was all done electronically, but they and their buddies pulled around $16B out of the bank, and tried to screw up WMB's credit. The FDIC was also involved and put on an auction for the bank that had 4 bidders, but only one was allowed to bid (JPMorgan). Jamie Dimon later stated "I could of bid $1 for the bank and still got it."

On top of this, JPMorgan had 'moles' within WMB like Stephen Rotella, who now works for JPMorgan in the loan department.

So, WMI has a couple huge lawsuits pending, and they are represented by some of the best in each area they are pressing. They are using Weil to fight the FDIC in DC, and Quinn & Emmanual to fight JPMorgan in the bankruptcy court. Quinn has been having in incredible track record so far, and was able to successfully get the judge to issue a 2004 Discovery case against JPMorgan. Documents were to be turned over August 1st, which I have yet to hear anything about, but I'll be sure to relay that once I find out what happened. A couple Ihub posters said they didn't turn them over, but I don't trust those guys. I have my own sources and most of them back their claims up with Court documents, so I'll wait until I know. In the case against JPMorgan, they are suing for their $4B deposit, and damages for JPMorgan using the Washinton Mutual logos and trademarks owned by WMI. Those could posibly net WMI $16B. The 2004 Discovery could also potentially find more causes for action, or could end up delivering some damaging criminal charges towards JPMorgan. JPMorgan is taking the stance of 'delay, delay, delay' at this point, because they can't seem to win anything in the bankruptcy court. All they can do is hold things off, in hopes for a cheaper outcome. The more they wait though, the more that can come up in the Discovery process, so I don't think they have much time left.

The FDIC case is kind of just on a standstill, and I think that's going to be handled sometime in September, near the 1 year anniversary of the seizure.

Anyways, just bring the thread over here to keep the discussion going, and keep it fresh on a board I feel is more fit for it.
 
how much of the mainstream media is shining the light of day on this major theft?

The mainstream media is not shining any light on it. There are very few reporters covering it. One of the few who covers it is Peg Brinkley of Dow Jones News, and Law360.com seems to cover some each time they head to court. I don't know if the mainstream media has enough understanding of the case, nor has the cojones to report on this.
 
A friend of mine called Tal S. of Weil today to get an update on the documents that JPM were supposed to submit by August 1st. She said to her knowledge, JPMorgan did not submit those. She suggested calling Quinn to see if they had any more info (which I'm sure she would already know if they did).

No Depositions are scheduled yet, and everytime we ask her about Weil not submitting a billing statement for teh past few months, she states "Hopefully this week". So something is up, lawyers want to get paid, and in the BK process, they have to submit bills to get paid. She also stated there were no plans to cancel equity. However if they come out of Chap 11 and A < L, then it is likely equity gets cancelled (just like any other BK case). If A > L then equity will get their share. She also stated that it would be 'accurate' when he asked if they would wait to come out of Chap. 11 until after the pending litigation.
 
After sleeping on it, and confirming with Tal that JPMorgan did not turn over documents (this would be contempt of court), the 'sceduling talks' that Quinn is working out Sullivan & Cromwell, JPMorgan is out of wiggle room. 2004 Discovery is not something to mess with. My guess is S&C (JPMorgans lawyers) is working out a settlement disguised as 'scheduling talks'. If JPMorgan were certain that they were innocent, they would have produced the documents, and probably much sooner then what they were required to do. Their delay tactic, coupled with this, leads me to believe that the time has near run out for them. They are working towards settlement, I just hope the FDIC is a part of that settlement and we can clear it all up in one swoop. JPMorgan knows they have to settle now though, and FDIC knew they would have to settle months ago, but they were probably just waiting on JPMorgan to pony up to reduce their own cost and save some face.
 
A friend of mine called Tal S. of Weil today to get an update on the documents that JPM were supposed to submit by August 1st. She said to her knowledge, JPMorgan did not submit those. She suggested calling Quinn to see if they had any more info (which I'm sure she would already know if they did).

No Depositions are scheduled yet, and everytime we ask her about Weil not submitting a billing statement for teh past few months, she states "Hopefully this week". So something is up, lawyers want to get paid, and in the BK process, they have to submit bills to get paid. She also stated there were no plans to cancel equity. However if they come out of Chap 11 and A < L, then it is likely equity gets cancelled (just like any other BK case). If A > L then equity will get their share. She also stated that it would be 'accurate' when he asked if they would wait to come out of Chap. 11 until after the pending litigation.

Hmmm... I saw this exact information yesterday on Yahoo's message board. My guess is your friend posts there. :)
 
Yes, I talk with matt over there, and bop as well. They both have been great assets in spreading knowledge of the case. Since you found them, you can probably disregard anything I have to say, because they are usually my best two sources. Bop for legal knowledge, and matt for due diligence.
 
Yes, I talk with matt over there, and bop as well. They both have been great assets in spreading knowledge of the case. Since you found them, you can probably disregard anything I have to say, because they are usually my best two sources. Bop for legal knowledge, and matt for due diligence.

Yeah, I have followed the two ever since you originally turned us on to the story. For a message board there are a surprising number of individuals who actually have a clue what is going on.
 
Yeah, I have followed the two ever since you originally turned us on to the story. For a message board there are a surprising number of individuals who actually have a clue what is going on.

You just have to have an itchy trigger finger with the ignore button. It gets way too much spam, and people who purposfully try and bash the situation with BS. I tried to turn a few of them on to this board so they can spread the word, but they are pretty much sticking to Yahoo.
 
I have settled into banking with Chase now, but my dad has had issues getting them to continue his automatic payments and stuff. I'll have to ask if its been all sorted yet...
 
You just have to have an itchy trigger finger with the ignore button. It gets way too much spam, and people who purposfully try and bash the situation with BS. I tried to turn a few of them on to this board so they can spread the word, but they are pretty much sticking to Yahoo.

I have a list of about 300 on ignore over there.... it grows every day.
 
I have settled into banking with Chase now, but my dad has had issues getting them to continue his automatic payments and stuff. I'll have to ask if its been all sorted yet...

I hate Chase. I am in the process of shutting down my accounts with them. I will not do business with them after this WaMu fiasco.
 
I hate Chase. I am in the process of shutting down my accounts with them. I will not do business with them after this WaMu fiasco.

I have multiple reasons to hate Chase. The WaMu fiasco just tipped me off on their shady practices. I wasn't sure how well they treated customers until a couple months back when they raised my CC rate I had with them for no reason. So I transferred my balance to Discover and have a much better rate. It wasn't much, but I won't pay 30% interest on anything. F JPMorgan...
 
Courtesy of ghostofreagan on Yahoo MB:

JPM Amended Counter Claim (attachments not included)
http://members.cox.net/raggztwitches/JPMAmendedCounterclaim.pdf

JPM Answering Brief
http://members.cox.net/raggztwitches/JPMAnsweringBrief.pdf

JPMorgan admits that WaMu was not insolvent at time of seizure in these documents. They are trying to throw the FDIC under the bus...

So now, will we see headlines stating that JPMorgan admits WaMu was not insolvent?

k, now i'm interested in just who's going to be the speedbump :)
 
1st filing, p. 22

"22. There is substantial evidence that, contrary to Debtors’ unsupported
assertions, at the time of the receivership and at all relevant times before the receivership, WMI, WMB, and WMBfsb were solvent. Indeed, the OTS found that “WMB met the well-capitalized standards through the receivership date.” (OTS Fact Sheet 9/25/2008 (emphasis added).)"

Funny thing is, that seems like a Fruedian slip, because they are admitting that we were solvent, which the 'Debtors' were saying all along. They point to the OTS fact sheet to show that we WERE solvent. But yet they say "contrary to Debtors' unsupported assertions", they pay these guys big bucks to be this dumb.. lol
 
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