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	<title>Comments on: WAMU Sues FDIC for $6.5 Billion</title>
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	<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/</link>
	<description>Macro Perspective on the Capital Markets, Economy, Geopolitics, Technology, and Digital Media</description>
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		<title>By: eejones</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-159767</link>
		<dc:creator>eejones</dc:creator>
		<pubDate>Sun, 05 Apr 2009 05:49:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-159767</guid>
		<description>The outrage is that JPM had the nerve to report over a $1B gain for the fourth quarter based on buying WaMu for less than fair value. 

Look at this footnote in their FULL-YEAR 2008 earnings release dated 1/15/2009:

(b) JPMorgan Chase acquired the banking operations of Washington Mutual Bank for $1.9 billion. The fair value of the net assets acquired exceeded the purchase price which resulted in negative goodwill. 
In accordance with SFAS 141, nonfinancial assets that are not held-for-sale were written down against that negative goodwill. The negative goodwill that remained after writing down nonfinancial assets was 
recognized as an extraordinary gain.</description>
		<content:encoded><![CDATA[<p>The outrage is that JPM had the nerve to report over a $1B gain for the fourth quarter based on buying WaMu for less than fair value. </p>
<p>Look at this footnote in their FULL-YEAR 2008 earnings release dated 1/15/2009:</p>
<p>(b) JPMorgan Chase acquired the banking operations of Washington Mutual Bank for $1.9 billion. The fair value of the net assets acquired exceeded the purchase price which resulted in negative goodwill.<br />
In accordance with SFAS 141, nonfinancial assets that are not held-for-sale were written down against that negative goodwill. The negative goodwill that remained after writing down nonfinancial assets was<br />
recognized as an extraordinary gain.</p>
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		<title>By: Chas</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-159698</link>
		<dc:creator>Chas</dc:creator>
		<pubDate>Sat, 04 Apr 2009 17:27:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-159698</guid>
		<description>It’s my understanding that the WMI lawyers have requested a Jury Trial. I hope that they (Weil, Gotshal &amp; Manges) get it and examine (under oath); Paulson, Bair, OTS Officials &amp; Dimon. I expect them to go for triple damages when it’s proven that the FDIC knowingly (or out of negligence, doesn’t matter) gifted more than the “whole bank” to JPM(c) (Providian for example). I’m not a lawyer but it’s obvious to me that JPMC’s recent Proof of Claim was a joke and a mockery of Judge Walrath’s order.

Abraham Lincoln (attributed): “You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”

It’s that simple folks – FDIC/JPM wants you to believe all was well with the fire-sale of WAMU but the truth is: The FDIC has no idea what they conveyed to JPM and as a result has recently resorted to claims of mismanagement and underfunding in an attempt to “thump their chest in public” even though their own sister agency (OTS) was in the WAMU books for months and said WAMU was well capitalized. And JPM while on one hand says (in public mind you) they paid fair value for the assets of WAMU and their purchase of WAMU brought great relief to JPM and its shareholders (you’d have to read JPM’s Shareholders PR), JPM contradicts itself in its own pleadings to the court saying that if there is a reversal of sorts – JPM stands to lose Billions (with an s) not 1.9 Billion…

I hope and hope for a jury trial – the good thing about Bankruptcy court is that they follow the the letter of the law to a “T”. We may not get triple damages but Paulson, Bair and Dimon will be severely damaged by their own words and actions – God Bless America.</description>
		<content:encoded><![CDATA[<p>It’s my understanding that the WMI lawyers have requested a Jury Trial. I hope that they (Weil, Gotshal &amp; Manges) get it and examine (under oath); Paulson, Bair, OTS Officials &amp; Dimon. I expect them to go for triple damages when it’s proven that the FDIC knowingly (or out of negligence, doesn’t matter) gifted more than the “whole bank” to JPM(c) (Providian for example). I’m not a lawyer but it’s obvious to me that JPMC’s recent Proof of Claim was a joke and a mockery of Judge Walrath’s order.</p>
<p>Abraham Lincoln (attributed): “You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”</p>
<p>It’s that simple folks – FDIC/JPM wants you to believe all was well with the fire-sale of WAMU but the truth is: The FDIC has no idea what they conveyed to JPM and as a result has recently resorted to claims of mismanagement and underfunding in an attempt to “thump their chest in public” even though their own sister agency (OTS) was in the WAMU books for months and said WAMU was well capitalized. And JPM while on one hand says (in public mind you) they paid fair value for the assets of WAMU and their purchase of WAMU brought great relief to JPM and its shareholders (you’d have to read JPM’s Shareholders PR), JPM contradicts itself in its own pleadings to the court saying that if there is a reversal of sorts – JPM stands to lose Billions (with an s) not 1.9 Billion…</p>
<p>I hope and hope for a jury trial – the good thing about Bankruptcy court is that they follow the the letter of the law to a “T”. We may not get triple damages but Paulson, Bair and Dimon will be severely damaged by their own words and actions – God Bless America.</p>
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		<title>By: formerlawyer</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-156196</link>
		<dc:creator>formerlawyer</dc:creator>
		<pubDate>Mon, 23 Mar 2009 15:11:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-156196</guid>
		<description>Likely this is a derivative action - launched by shareholders - not management.  Does this affect your view?</description>
		<content:encoded><![CDATA[<p>Likely this is a derivative action &#8211; launched by shareholders &#8211; not management.  Does this affect your view?</p>
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		<title>By: Lunch Meat</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-156057</link>
		<dc:creator>Lunch Meat</dc:creator>
		<pubDate>Mon, 23 Mar 2009 04:35:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-156057</guid>
		<description>Maybe, maybe, maybe...the moment we start generally &lt;a href=&quot;http://tv1.com/playlists/249&quot; rel=&quot;nofollow&quot;&gt;restoring law &lt;/a&gt; after all the other #$@#$#@ crimes we&#039;ve been subjected to over the last eight years.</description>
		<content:encoded><![CDATA[<p>Maybe, maybe, maybe&#8230;the moment we start generally <a href="http://tv1.com/playlists/249" rel="nofollow">restoring law </a> after all the other #$@#$#@ crimes we&#8217;ve been subjected to over the last eight years.</p>
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		<title>By: WaMuQd</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-156056</link>
		<dc:creator>WaMuQd</dc:creator>
		<pubDate>Mon, 23 Mar 2009 04:20:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-156056</guid>
		<description>You&#039;re missing the point. What the FDIC did to WMI, the former holding company of Washington Mutual bank is similar to the following.

You get stopped for drunk driving. The cops impound your car, which they have a legal right to do. Then they confiscate yoru bank accounts. Then they take your wife&#039;s car. Then they take your children. Then... they hold a government auction and sell your car for peanuts and throw in all of the stuff they had no right taking.

There&#039;s a lot more to it that you can read about at http://wamustory.com. But seriously, this lawsuit has little to do with the bank failure and much to do with the FDIC breaking a multitude of their own rules and regulations, including fraudulent tranfers of money and assets from the holding company  to ensure JPM stayed solvent.

Just because someone is frustrated with the crooks on wall street doesn&#039;t make it ok for agencies like the FDIC to rape and pillage as they break laws in a scorched Earth like liquidation firesale. 

And for the record, WaMu was trying to sell itself... and the FDIC went behind their back and told JPM they were going to seize the bank and instead of allowing WaMu to sell the banks, thus salvaging the bondholders and shareholders, they handed JPM the whole deal for peanuts... which functioned as a wonderful little wipeout of the middle class.

Don&#039;t take my word for any of this... do your own research. http://Wamustory.com is a great place to start.</description>
		<content:encoded><![CDATA[<p>You&#8217;re missing the point. What the FDIC did to WMI, the former holding company of Washington Mutual bank is similar to the following.</p>
<p>You get stopped for drunk driving. The cops impound your car, which they have a legal right to do. Then they confiscate yoru bank accounts. Then they take your wife&#8217;s car. Then they take your children. Then&#8230; they hold a government auction and sell your car for peanuts and throw in all of the stuff they had no right taking.</p>
<p>There&#8217;s a lot more to it that you can read about at <a href="http://wamustory.com" rel="nofollow">http://wamustory.com</a>. But seriously, this lawsuit has little to do with the bank failure and much to do with the FDIC breaking a multitude of their own rules and regulations, including fraudulent tranfers of money and assets from the holding company  to ensure JPM stayed solvent.</p>
<p>Just because someone is frustrated with the crooks on wall street doesn&#8217;t make it ok for agencies like the FDIC to rape and pillage as they break laws in a scorched Earth like liquidation firesale. </p>
<p>And for the record, WaMu was trying to sell itself&#8230; and the FDIC went behind their back and told JPM they were going to seize the bank and instead of allowing WaMu to sell the banks, thus salvaging the bondholders and shareholders, they handed JPM the whole deal for peanuts&#8230; which functioned as a wonderful little wipeout of the middle class.</p>
<p>Don&#8217;t take my word for any of this&#8230; do your own research. <a href="http://Wamustory.com" rel="nofollow">http://Wamustory.com</a> is a great place to start.</p>
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		<title>By: DL</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-155991</link>
		<dc:creator>DL</dc:creator>
		<pubDate>Mon, 23 Mar 2009 00:35:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-155991</guid>
		<description>I find it hard to believe that the judge would even let this go to trial.

I suppose everyone thinks that getting their hands on taxpayer money is now an entitlement.</description>
		<content:encoded><![CDATA[<p>I find it hard to believe that the judge would even let this go to trial.</p>
<p>I suppose everyone thinks that getting their hands on taxpayer money is now an entitlement.</p>
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		<title>By: usphoenix</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-155988</link>
		<dc:creator>usphoenix</dc:creator>
		<pubDate>Mon, 23 Mar 2009 00:12:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-155988</guid>
		<description>@franklin411:  the point was not how bad the Clinton days were, it was how corrupt they were.  

Yeah, sure everyone prospered until the wheels came off.  So everyone wants to pin it on Bush, and everyone was so, so happy while BC was in office.  

Now they get to pay.</description>
		<content:encoded><![CDATA[<p>@franklin411:  the point was not how bad the Clinton days were, it was how corrupt they were.  </p>
<p>Yeah, sure everyone prospered until the wheels came off.  So everyone wants to pin it on Bush, and everyone was so, so happy while BC was in office.  </p>
<p>Now they get to pay.</p>
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		<title>By: AGG</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-155954</link>
		<dc:creator>AGG</dc:creator>
		<pubDate>Sun, 22 Mar 2009 21:20:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-155954</guid>
		<description>Lawyers....
Enough said.</description>
		<content:encoded><![CDATA[<p>Lawyers&#8230;.<br />
Enough said.</p>
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		<title>By: johnhaskell</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-155937</link>
		<dc:creator>johnhaskell</dc:creator>
		<pubDate>Sun, 22 Mar 2009 20:52:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-155937</guid>
		<description>You fly to DC to talk to the FDIC.  They say you need to work on your capital position.
You get back on the plane to Seattle.
You land to find out that while you were in the air the FDIC seized the bank.
That is BULLSHIT.</description>
		<content:encoded><![CDATA[<p>You fly to DC to talk to the FDIC.  They say you need to work on your capital position.<br />
You get back on the plane to Seattle.<br />
You land to find out that while you were in the air the FDIC seized the bank.<br />
That is BULLSHIT.</p>
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		<title>By: Mark Wolfinger</title>
		<link>http://www.ritholtz.com/blog/2009/03/wamu-sues-fdic/comment-page-1/#comment-155887</link>
		<dc:creator>Mark Wolfinger</dc:creator>
		<pubDate>Sun, 22 Mar 2009 16:32:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.ritholtz.com/blog/?p=22252#comment-155887</guid>
		<description>Suggestion:  OpEd piece for NYT, suggesting just that.</description>
		<content:encoded><![CDATA[<p>Suggestion:  OpEd piece for NYT, suggesting just that.</p>
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