Monday, December 06, 2010 1:06:33 PM
"29. As reflected in the "Approvals Required" section of the form, after therequester completes the form it is to be presented via email to representatives of each ofthe following four departments for approval: Legal, Tax, Controllers, and Treasury.30. Upon receiving approvals from all four departments, copies of theapprovals and the fully approved request is to be forwarded to Legal, which then"preparefs] and circulate^] for execution the legal documentation required to authorizethe contribution and will forward the approval to the requesting party, Entity Accounting,Tax and Treasury."31. Per Washington Mutual policy, all of these steps would have beenrequired before processing a capital contribution. Indeed, WMI followed theseprocedures in connection with capital contributions that it made to WMB in December2007, April 2008, July 2008 and September 2008. The Request for Contribution formsand email approvals for these transactions are attached hereto as Exhibit Q. In myposition at WMB, I would have been made aware if these same steps had been taken, andsame forms prepared, in connection with the transfer to WMB fsb of the $3,674 billion.Not one of these steps was taken, however, belying any suggestion that the $3,674 billiondeposit was, or ever was intended to be, a capital contribution.32. A capital contribution would have fundamentally revised the capitalstructure of various Washington Mutual entities, and such a transaction simply would nothave made sense. Prior to the September 25, 2008 FDIC seizure, WMI owned WMB,which owned Pike Street Holdings, Inc. ("Pike Street Holdings"), which, in turn, ownedWMB fsb. A $3,674 billion capital contribution would have fundamentally changed this12A-12
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Under oath
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