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  My Rant about the FDIC. Comments welcome.
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dspence...@verizon.net  
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 More options Oct 21 2008, 3:49 pm
From: dspence...@verizon.net
Date: Tue, 21 Oct 2008 12:49:48 -0700 (PDT)
Local: Tues, Oct 21 2008 3:49 pm
Subject: My Rant about the FDIC. Comments welcome.
I usually don't start threads, and I only occaisonally comment.
However, the documents in the bankruptcy proceeding has all my
feathers in a ruffle.  I thought I would email some newspapers with
the following letter.  I appreciate any comments or criticism.  I'm
also open to any suggestions about potential destinations of my letter
(if any).  Well here goes...

All We Have to Fear

The collapse of Washington Mutual has been labeled as the biggest
banking failure to date.  In the wake of its collapse people have been
asking what exactly went wrong.  This question has been deafened by
the resounding noise of the recent stock market crash.  Perhaps at
first glance the answer seems obvious.  Washington Mutual allegedly
held a large portion of toxic debt such as the option ARMs and sub-
prime loans we have come to despise.  This wraps up the Washington
Mutual story in a nice tidy bow and we may now busy ourselves with
larger concerns such as the impending recession.  However, if we dig a
little deeper into the story we may find a chilling tale of federal
corruption that begins with Washington Mutual and Lehman Brothers and
ends with a stock market going belly up.  Unfortunately, the tale of
woe does not end there for the American people.  We are left to pick
up the pieces.

You may have asked yourself why the market would crash after the
government approved nearly a trillion dollars in bailout money for the
financial market.  A cynic might answer that the government doesn't
know how to fix things and that Wall street knows this.  I think
there's a bit of a cynic in all of us when it comes to the government
and it's easy to accept such an argument.  However, it appears
increasingly likely that the market crash was due in no small part to
the collapse of both financial giants Lehman Brothers and Washington
Mutual.  The reason may seem cryptic to the average investor.
Although, it is something that we are all familiar with and is
fundamental to any relationship or business transaction.  Trust is the
necessary ingredient.  Once trust is replaced with fear all bets are
off.  We saw the power of fear amplified during the Great Depression
and the spectacular collapse of the stock market in 1929.  President
Roosevelt and his advisors knew the necessity of trust.  They knew
that fear was the cause.  The administration sought to remove fear
from the public with his fire side chats.  The government sought to
put trust back into the system with agencies such as the FDIC.  That
trust suffered a terrible blow when the government stood by and
watched two giants fall as their competitors engineered their demise
through the aid of their political connections.

Trust also suffered a serious blow when the FDIC overstepped its
authority and seized Washington Mutual.  The details of this seizure
have been a matter of speculation and the subject of an FBI
investigation.  Many shareholders believed that the FDIC acted
prematurely given the forward looking 3rd quarter statement by CEO
Alan Fishman.  Reportedly Washington Mutual had access to over 50
billion dollars in capital and enough liquidity until 2010 according
to outside analysts.  This analysis was just days before the seizure.
The news came as shock to the CEO as well. Fishman was informed after
the fact while in transist.  Several new pieces in the puzzle have
come to light as a result of the bankruptcy case filed by Washington
Mutual, Inc. It is clear that JPMorgan Chase received notification of
the OTS's and FDIC's intent a full 3 weeks before the seizure.
Washington Mutual never had a hope in a legitimate sale.  The
competition could undercut any bids and wait for the seizure.
Apparently the seizure was a forgone conclusion.  According to sworn
statements released October 28th, 2008 to the district of Delware's
bankruptcy court Washington Mutual was in fact well capitalized.

    OBJECTION OF THE WMB NOTEHOLDER GROUP TO MOTION OF DEBTORS
PURSUANT TO
    SECTIONS 105(a), 361, 362, and 542(b) OF BANKRUPTCY CODE SEEKING
    APPROVAL OF A STIPULATION AND AGREEMENT CONCERNING DEPOSIT
ACCOUNTS AT
    JPMORGAN CHASE BANK, NATIONAL ASSOCIATION.

    "Although it has been termed the largest thrift 'failure' in
United
     States history, WMB had capital in excess of the regulatory
standards
     for 'well capitalized' institutions and was unquestionably
solvent on
     a fair valuation basis when the OTS pulled the plug.  Even more
     remarkably, WMI had access to very substantial capital at the
time ..."

They continue to assert that the OTS was afraid (oops here we go with
fear) that despite being well capitalized that the FDIC would have to
cover the deposists they insure if things got worse.  This sounds a
lot like the behavior during the Great Depression.  Fear of the future
can be a powerful thing.  Except in this case the very institution
that was created to alleviate fear was the biggest culprit of all.
The FDIC seized Washington Mutual out of fear and betrayed the very
mandate that they serve.  They are there to protect us from fear; not
inspire it.  Sadly, the failure of Washington Mutual may have well
been avoided.  The problem they experienced was a withdrawal in large
deposits.  The financial bailout approved only days later may have
reasured depositors.  Something was needed besides the FDIC cowering
in fear over their budget.  Public statements about their budget of
$46 Billion not being adequate to cover Washington Mutual's $300
Billion only served to spread that fear.  It undermined the confidence
of the uninsured and insured alike.

The aftermath should have been expected.  People with more money than
your or I can imagine lost their trust on that day.  The institutions
themselves didn't just collapse.  All the infrastructure connected to
these institutions came crashing down.  Hind sight is always 20/20.
And despite that fact there will probably never be a conensus on what
the government's role should be.  However, one thing is certain.
Negligence and corruption by the OTS and FDIC are not forgiveable.
The current FBI investigation is undoubedtly a dog and pony show.  The
investigators involve the very organizations that should be the
subject of investigation.  Despite all of my anger at this injustice I
chalk it up to an expensive lesson.  Agencies like the FDIC are not
properly regulated and will continue to abuse their power as they have
in the past.  I have come to realize that if a giant like Washington
Mutual can be systematically dismantled and made the patsy that my
civil rights are like dust in the wind.  In the modern age of smart
guided warfare a precision strike against individuals raises less
alarm.  This type of corruption festers under our noses and all we
have to fear is is fear from within.

By Dale Spencer


 
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TWSprinter@gmail.com  
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 More options Oct 21 2008, 3:59 pm
From: "TWSprin...@gmail.com" <TWSprin...@gmail.com>
Date: Tue, 21 Oct 2008 12:59:34 -0700 (PDT)
Local: Tues, Oct 21 2008 3:59 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
You have done a great work.

 
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thinhd...@gmail.com  
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 More options Oct 21 2008, 4:03 pm
From: thinhd...@gmail.com
Date: Tue, 21 Oct 2008 13:03:56 -0700 (PDT)
Local: Tues, Oct 21 2008 4:03 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
great stuff.  Hope it gets published.

I agree with you 100%.

best of luck


 
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pierre_kan...@cibcmellon.com  
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 More options Oct 21 2008, 4:14 pm
From: pierre_kan...@cibcmellon.com
Date: Tue, 21 Oct 2008 13:14:55 -0700 (PDT)
Local: Tues, Oct 21 2008 4:14 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Thanks Spence.

 
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volensae...@gmail.com  
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 More options Oct 21 2008, 4:24 pm
From: volensae...@gmail.com
Date: Tue, 21 Oct 2008 13:24:58 -0700 (PDT)
Local: Tues, Oct 21 2008 4:24 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Spread it like the plague buddy!!! good work!

 
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gioborgh...@gmail.com  
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 More options Oct 21 2008, 4:29 pm
From: gioborgh...@gmail.com
Date: Tue, 21 Oct 2008 13:29:59 -0700 (PDT)
Local: Tues, Oct 21 2008 4:29 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
A key piece of information in this puzzle is the amount of uninsured
deposits that WaMu held. I read somewhere that the average deposit
held $500-$700. I just have a hunch that the $16B transferred prior to
the seizure was pretty much all the un-insured money. In that case,
FDIC had no case for the seizure.

On a more general note, in no other civilized country in the world the
government would confiscate private property without fair restitution
towards all interested parties. Democracy in America is a joke.


 
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chefme...@aol.com  
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 More options Oct 21 2008, 4:31 pm
From: ChefMe...@aol.com
Date: Tue, 21 Oct 2008 13:31:42 -0700 (PDT)
Local: Tues, Oct 21 2008 4:31 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Dale you letter is well written and try sending to
billvir...@seattlepi.com. He is the reporter that first published the
article of WA State Senator Maria Cantwell's interest in the OTS and
FDIC seizure of WaMu.......Also I would suggest sending your letter
copy to Senator Cantwell = http://cantwell.senate.gov/contact/
Very good job in expressing the thoughts of many of us WaMu
shareholders that have been wiped out to date but am holding and
hoping for some justice....

Lawrence Meany
Waltham, MA 02453
ChefMe...@aol.com
+++


 
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socal...@gmail.com  
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 More options Oct 21 2008, 4:41 pm
From: socal...@gmail.com
Date: Tue, 21 Oct 2008 13:41:06 -0700 (PDT)
Local: Tues, Oct 21 2008 4:41 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Good write up , though you refernece a date that is in the future
( Oct 28,2008)

 
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TWSprinter@gmail.com  
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 More options Oct 21 2008, 4:41 pm
From: "TWSprin...@gmail.com" <TWSprin...@gmail.com>
Date: Tue, 21 Oct 2008 13:41:15 -0700 (PDT)
Local: Tues, Oct 21 2008 4:41 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Question about the $16B transferred prior to 5 days before the
seizure.
What kind of people have that kind of money ? Isn't that JPM and subs.
did these ? WaMu holders will like to know.
Did the Naked Short ever cover ? Who was the biggest Naked Short ?

 
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ann1...@peoplepc.com  
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 More options Oct 21 2008, 4:44 pm
From: ann1...@peoplepc.com
Date: Tue, 21 Oct 2008 13:44:14 -0700 (PDT)
Local: Tues, Oct 21 2008 4:44 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
chefme... do you think wamu has a chance to get out of bankruptcy and
continue the business after the bailouts takes effect? Is there any
chance for shareholders to get something other than selling for 5-7
cents at the moment?, please explain, thanks

 
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jl.beni...@gmail.com  
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 More options Oct 21 2008, 4:51 pm
From: jl.beni...@gmail.com
Date: Tue, 21 Oct 2008 13:51:12 -0700 (PDT)
Local: Tues, Oct 21 2008 4:51 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
I live in Europe and I'm WaMu shareolder... notices of WaMu don't
exist here and the news that I can read from US aren't good news.
I hope that all shareolders will know the truth.

I only have faith.


 
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jbyr...@gmail.com  
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 More options Oct 21 2008, 4:54 pm
From: jbyr...@gmail.com
Date: Tue, 21 Oct 2008 13:54:42 -0700 (PDT)
Local: Tues, Oct 21 2008 4:54 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
http://www.cnn.com/2008/POLITICS/10/21/america.poll/index.html?eref=r...

Fear is what all powerful people use on there people.. Just like
Hitler. Except now we are using fear not in a physical sense but a
financial sense - these hoards will kill every american that has their
life savings, 401k, retirement funds. They won't kill us like putting
us in a gas chamber per se but they kill us by making us work even
MORE!!! THIS PISSES THE F*** out OF ME.. WE SHOULD REVOLT!!! AMERICANS
ARE GETTING SOFT TO THEIR OWN GOVERNMENT!!! corruption is at it's
finest when the FDIC, FEDS and JPM pulled this scandal of the
century.. people will work for another decade to go back to saving up
for what they've lost in their retirement. Thanks to our government,
putting our elders of AARP down the tubes... like they are worthless
anyways... Welcome to the NEW WORLD ORDER!!!


 
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alhenriq...@gmail.com  
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 More options Oct 21 2008, 7:31 pm
From: Alhenriq...@gmail.com
Date: Tue, 21 Oct 2008 16:31:29 -0700 (PDT)
Local: Tues, Oct 21 2008 7:31 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Excellent article and you are correct in your statement that this
investigation is nothing more than a horse and pony show.  Do we know
who it was that with drew the 16B and during what period in time?
If JPM was pre notified of the intent to have WaMu shut down would
this not contitute a violation similar to insider trading?
In addition to all the negative news and article pre crash no where
can I find exact figures in dollars and cents of the amount of loans
in default held by the bank? As a percentage of deposites, assets and
other funds held by WaMu what was the number. Mortages and loans are
secured by propery over a period in time, 15-30 years so it is safe to
say that during this time frame most of these properties would
eventually regain and re-appreciate to a positive equity. If this is
the case then why would the FDIC deem the bank to be under
capitalized? Can some one please help me understand how do you steal a
banks good assets and leave the so called bad assets hanging for the
tax payer to pick up the tab.

AH


 
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TWSprinter@gmail.com  
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 More options Oct 21 2008, 8:26 pm
From: "TWSprin...@gmail.com" <TWSprin...@gmail.com>
Date: Tue, 21 Oct 2008 17:26:44 -0700 (PDT)
Local: Tues, Oct 21 2008 8:26 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
I love your take and analysis on the seizure.

However, I think its important to stress that it's not too late for
the FDIC to correct their mistakes, by giving the shareholders their
due. To me, the most logical and fair course of action is to exchange
WAMU stock for JPM stock. In any case, the open letter should have a
clear and realistic agenda.


 
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opns...@gmail.com  
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 More options Oct 21 2008, 9:10 pm
From: OpnS...@gmail.com
Date: Tue, 21 Oct 2008 18:10:38 -0700 (PDT)
Local: Tues, Oct 21 2008 9:10 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Would it be possible to also to modify this letter slightly and send
it to Judge Wallrath.  I truly believe that she has been handed "a
once in a lifetime opportunity" to make history by restoring the the
faith and confidence in America - of wmi shareholders and indeed all
investors in America.  With your rullings, she will show the markets
that the constitution and governing laws do in fact exist, and that
there is a system of checks and balances that can overturn injustices
- even when conducted by our own government.

This is an excellent article, I do hope that you will consider sending
it to her, and getting it into the BK records.

Thank you for your efforts on behalf of all shareholders.


 
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mike  
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 More options Oct 21 2008, 9:23 pm
From: mike <michael.rozenf...@gmail.com>
Date: Tue, 21 Oct 2008 18:23:20 -0700 (PDT)
Local: Tues, Oct 21 2008 9:23 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
OPnS please do so and send it in. A letter like this needs to be added
to the public record. Don't hope someone else does it. Do it yourself.
I would do it but I'm already up there.

 
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jsksto...@gmail.com  
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 More options Oct 21 2008, 9:30 pm
From: jsksto...@gmail.com
Date: Tue, 21 Oct 2008 18:30:11 -0700 (PDT)
Local: Tues, Oct 21 2008 9:30 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
TWS, PLEASE PLEASE PLEASE send everything you have compiled in a
cohesive format in a letter to judge Walrath.  Really, right now, she
is the person who had the most influence on all of this.....
I look foward to seeing your letter on the document filing list.......

 
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justice...@gmail.com  
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 More options Oct 21 2008, 9:41 pm
From: justice...@gmail.com
Date: Tue, 21 Oct 2008 18:41:16 -0700 (PDT)
Local: Tues, Oct 21 2008 9:41 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
Wow, excellent write-up Dale, thank you!  I plan on forwarding it to
as many media and government officials as I can.  I suggest that
everyone write letters, there's plenty already written in these forums
that you can copy from... don't send one or two, send MANY!

WAMU Shareholders got stepped on.  Don't sit there and let it happen
again, stand up and be heard. We don't work for the government, they
work for us.  Put them to work by being heard.


 
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dspence...@verizon.net  
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 More options Oct 21 2008, 9:59 pm
From: dspence...@verizon.net
Date: Tue, 21 Oct 2008 18:59:04 -0700 (PDT)
Local: Tues, Oct 21 2008 9:59 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
I appreciate all your comments.  I intend to spend some time tomorrow
researching logical recepients and their contact information.  Thank
you for the suggestions so far.

The list for revisions include the following:

1.) October 28th, 2008 should be changed to October 20th, 2008
2.) A section about focusing on a fix and correcting the FDIC's
mistakes
3.) A modified version that would be appropriate for Judge Wallrath

I will continue to update on this thread as I progress.  Please
continue with the great suggestions and add to the list as you see fit.


 
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shareholder...@yahoo.com  
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 More options Oct 21 2008, 11:28 pm
From: shareholder...@yahoo.com
Date: Tue, 21 Oct 2008 20:28:50 -0700 (PDT)
Local: Tues, Oct 21 2008 11:28 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
If you find this useful:

60 Minutes
524 West 57th St.
New York, NY 10019

EMAIL: 6...@cbsnews.com

PHONE:               (212) 975-3247

Also to WCBS

Charles Osgood
Dave Ross

There are fact sheet and letters on JPM and wamuq message boards
containing good points as references.

Some of my points to open:

We believe that in America, we are given the basic right to commerce,
and to negotiate the best value for the benefit; if we make mistake,
we will be punished and pay the price for our own mistake. This is the
responsibility and accountability.

However, never, under the American system, a private citizen should be
subject to the excessive governmental injury. When the government
forces a non-negotiable action with gross injustice under abusive
power, we, the Americans, should never accept it. This is the tyranny
the Americans stood against in 1770, and this is what the WaMu
shareholders are fighting against now. I hope our voices can be heard
and the justice and trust can be restored.

FDIC took over WaMu's historically large asset, more than $300B, and
gave it to another private entity (JPMChase) within a historically
short time - one hour.  The deal proceeded under a secrete auction
without any justified baseline value estimate. Furthermore, FDIC
imposed a pre-condition to sell the entire bank as a whole.  Such a
condition precluded all other contenders, and made JPM the one and the
only real bidder.  Without a basic valuation, and dealing with a
single bidder, WaMu has been deprived of all its right to receive a
fair bid.  This, by itself, is an abuse of power by FDIC to the
extreme.

(Stories and facts below)
.........


 
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dspence...@verizon.net  
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 More options Oct 22 2008, 4:08 pm
From: dspence...@verizon.net
Date: Wed, 22 Oct 2008 13:08:28 -0700 (PDT)
Local: Wed, Oct 22 2008 4:08 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
I have made the following changes to incorporate some of the feedback
suggested.  I have also included a first draft of a letter that could
be sent to Judge Wallrath.  Please continue with the excellent
feedback.

The last paragraph has been changed to:

The aftermath should have been expected.  People with more money than
your or I can imagine lost their trust on that day.  The institutions
themselves didn't just collapse.  All the infrastructure connected to
these institutions came crashing down.  Hind sight is always 20/20.
And despite that fact there will probably never be a conensus on what
the government's role should be.  However, one thing is certain.
Negligence and corruption by the OTS and FDIC are not forgiveable. The
current FBI investigation is undoubedtly a dog and pony show.  The
investigators involve the very organizations that should be the
subject of investigation.  Despite all of my anger at this injustice I
chalk it up to an expensive lesson.  Agencies like the FDIC are not
properly regulated and will continue to abuse their power as they have
in the past.  I have come to realize that if a giant like Washington
Mutual can be systematically dismantled and made the patsy that my
civil rights are like dust in the wind.  In the modern age of smart
guided warfare a precision strike against individuals raises less
alarm.  This type of corruption festers under our noses.  It is not
too late to undo some of the damage that has been caused by the FDIC.
A group of shareholders have suggested solutions which preserve the
interest of noteholders, debtors, creditors, shareholders and tax
payer alike.  Unfortunately, unless readers speak up and voice their
distaste for the FDIC's behavior such plans will probably not
succeed.  I urge you to contact your congressman and senator.  Let
them know you are unhappy with the way our government has failed us.
The truth is that if the OTS and FDIC are allowed to be corrupt it is
only because we stand idly by as American citizens.  Please make your
voice heard and stand out against the corruption that got us into this
mess in the first place.  If the cost of the bailout upsets you and
Wall streets corruption disturbs yout then now is the opportunity to
let your voice be heard.  Letting our representatives know how we feel
about business in bed with politics will strike at the root of this
corruption.  An institution designed to preserve our economic system
betrays its mandate under our very noises.  It happens not with a bang
but a silent whimper.  If we do nothing now we will pay the price
again, and what we will have to fear is fear from within.

[FIRST DRAFT TO THE JUDGE]

Dear Judge Wallrath,

I'm writting you on behalf of the common and preferred shareholders of
Washington Mutual, Inc.  I understand that as a valued public official
your schedule is uncompromising and there is little time to cover both
your duties and extraneous correspondence directed to your office.  I
hope that this letter makes its way to your desk and we are given a
chance to voice our concerns.  Senior debtholders which largely
comprise the WMB Noteholders group have the good fortune of actively
shaping their own destiny through the process of WMI's chapter 11
bankruptcy proceedings.  As shareholders we recognize that we are at
the bottom of the totem pole with regards to liquidation and matters
of reogranization.  However, the bottom rung usually does not consist
of the elite.  We are comprised of hard working citizens of average
income who have small pockets and an even smaller voice.  We only ask
that when a fork in the road presents itself that you give our
position due consideration at such a critical juncture.  Many of us
would like to see WMI emerge from chapter 11 and become a profitable
business entity.  We hope that at least some of our interest as
shareholders can be preserved.  Many feel that WMB was prematurely
seized by the FDIC which has lead to this series of unfortunate
events.  This was in part confirmed by an objection submitted by the
WMB Noteholders Group to your office regarding a motion seeking
approval of a stipulation and agreement concerning deposit accounts at
JPMorgan Chase Bank, National Assocation.  We do not expect the court
to overturn these mistakes, but hope that the nature of WMB's demise
will impress upon the court for the need to preserve some of the
shareholder's interest.

Thank You.


 
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jsksto...@gmail.com  
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 More options Oct 22 2008, 4:14 pm
From: jsksto...@gmail.com
Date: Wed, 22 Oct 2008 13:14:30 -0700 (PDT)
Local: Wed, Oct 22 2008 4:14 pm
Subject: Re: My Rant about the FDIC. Comments welcome.
There is a great article posted on another thread:
For all who don't want to read the article, the main points are:
1: The law is clear (tested in court cases) that FDIC does not have
the authority to use capital invested in the non-banking subsidiaries
of a bank holding company in order to defray the expected costs of
bank failure. This means the FDIC has no claim on any of WMI's assets
for sure. This also means the the WMB noteholders have no claim on WMI
assets either, as those are bank division claims.

2. The FDIC cannot exercise its authority until the subsidiary bank
has already failed. The FDICs own statements never say that WMB
failed, they clearly say "it was going to fail".  In other words, they
siezed it unjustly.  The FDIC cannot sieze a bank until the Tier 1
capital ratio is less than 2%.  Beyond that, the OTS can halt action
of the bank at 4% capitalization to save it- which they did not do.
All WMI has to do is show that the capitalization of WMB was over 2%.
I would argue that it was, as they always said that it was, and we
know they did not use the $4.5B to do so (did they put some in
already).
On top of that, there has been precedent for the FDIC to pay damages
in the case of an unjustified siezure. Lets not even mention the shady
JPM deals.

WRITE A LETTER TO JUDGE WALRATH, SHE IS THE MOST INFLUENCIAL PERSON TO
DEAL WITH THIS RIGHT NOW!!!!

To hell with the penny traders let them try to make a 30% profit, hold
your shares and you could make a 1000% profit when WMI comes out on
top of this whole mess.

http://goliath.ecnext.com/coms2/gi_0199-7979553/Are-bank-holding-comp...
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=33021766


 
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