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...frankie holding put his $500MM fortune at risk for 8 branches in Colorado - 3 of which are already closed.........
...amidst all of the speculating here, please remember there may have been criminal behavior associated with the ILLEGAL SEIZURE of our bank.......................it appears as if some investigators - mayhaps PI's we employed - are asking questions and making some folks very nervous...............
...both sides of this dispute know that the trial court judge had a possible conflict of interest in ruling on this case.......
...there were 6 banks that remain on the FDIC bank watch list in Colorado - - all of which have lower capital levels than UWBKQ when it was illegally seized................and UWBKQ had a CRP.......
...an SEC whistleblower receipt exists for the insider trading on UWBKQ immediately prior to the ILLEGAL SEIZURE........
...we believe the FDIC and FCNCA will jointly settle this dispute with us and sweep the matter quietly away............works for us.......
...I had a BID in yesterday for 40,000 shares at 10 cents.........not even a nibble..........had some other BIDS in also not touched - - all AON but there is no market for the stock.......
...remember, it was the amateurish, sloppy OTS that ILLEGALLY SEIZED our bank and did not anticipate a lawsuit.........and where is the former OTS Acting Director working......?????......
...hang in friends..............longer chase = better catch.......
...and..........Writ of Certiorari...................won't be necessary............all comments are in my personal opinions..........
...buying UWBKQ is buying FCNCA......imo......
...makes sense, FCNCA took our first-class bank for absolutely no reason except for personal gain by a gov't regulatory official and the purchasing bank......imo...........OUTRAGEOUS............and illegal, if the allegation is true..........IF, Larry.....F/YOU....
...bring it on......................in the event that the FDIC has any integrity.............ANY......one ounce............it would work with us on a mutually-agreeable RESOLUTION............and the FDIC might be working with us.....................we'll see........
...we ain't backing down and we ain't giving in............EVER...............EVER............we are applying our anger constructively by acquiring more stock...........
...lots mo...........AIMO...............................
...I basically don't start this stuff.................but I do spread the heck out of it..........who cares.........??????......
...It appears neither side gave much weight to Amy's decision.............now, we're fairly certain someone in law enforcement or securities LAW or gov't regulation or the Ruby Ridge Keystone Cops is asking some questions.................might be nothing but might have smoked out somebody fessing up..........we'll see............I have my theories.......
...the bank was seized without cause and without judicial review - - until now with the appeals court case pending.................even our notice of intent to appeal swings the matter back in our favor, imo......
...this is still a BIGTIME unresolved situation............2-penny pink sheet stock, Harvey's BK blunders, Ms. Pinkie's trailer, me, iHUB, frankie's toe fetish NOTWITHSTANDING..............etc................
...I really don't care what the s/p is........I thought Amy would fail us and the s/p trading would only drop to a quarter or so.........the BAC money and probably the ITR is ours after we sweep out the hyenas in the BK CT if the 7 is forced - doesn't matter...........the BK CT is a meaningless sideshow........AIMHO..............
...SETTLEMENT today = $150MM...
...FDIC's trying to get the lowball past Guy.......and BS won't lower the 30%.........so let's do the math: $45MM to BS, $3MM to employees, $62MM to the claimants and.........$40MM to us.......take the green paper ($1.25 per/s) or 1/160 in FCNCA.....
...weird that today the FDIC has a little leverage........and no handcuffs on BoBo or frankie.............
...this deal doesn't work for me, but whatever.........
...the BK DS might leak the deal...............rock on Buffy.........
...all IMHO..........call it freddie's facts or fiction.......
...The Federal Torts Claim Act waives the United States' immunity against lawsuits for civil wrongs intentionally caused by federal representatives...
...don't risk your entire bank, frankie.................demand that Martie and TJ finalize the settlement with Guy ASAP........just a suggestion, frankie.............make a deal or we will make a deal for you..........................DOJ style....................
...wethinks frankie cracked...
...threw away a $20B bank...
...life is strange...
...$2.40 per share in FCNCA paper...
...The Federal Torts Claim Act waives the United States' immunity against lawsuits for civil wrongs intentionally caused by federal representatives..............Honey BoBo has a BIGTIME prob............AIMHO
...tons going on behind the scenes.........the FDIC (thru the OCC) will settle instantaneously in the event of formal charges.............if we haven't already in principle............
...WHY...????.........the consequences of an ILLEGAL BANK SEIZURE are so large and so grave that once the picture of what really happens begins to unfold............IT WILL BE SNUFFED OUT IN THE FORM OF A SEALED, CONFIDENTIAL RESOLUTION....................which is 100% Guy's decision.........................but we'll take whatever Guy agrees to..........................
...this is really not speculation, as I have stated previously.............something, whatever it was, spooked the Acting Director of the OTS to grab the bank in PANIC........after a credible CRP was presented in full clarity.......the only grounds for RECEIVERSHIP are levels of capital.........Amy covered her tracks by claiming Plaintiff did not show how the SEIZURE was unreasonable under the FIRREA law........we knew Amy would 'scold and uphold'...........Amy used negative logic and hinted that the FIRREA regs limited her scope.....her words......
...we believe that someone with inside knowledge of the ILLEGAL SEIZURE is cooperating with authority folks who are asking questions............................nothing yet...........
...and all comments are solely my personal opinions.........I buy stock almost every day..............compulsion.....????......sure..........who cares.....?????..................
...that $225MM settlement, less the BS 30% ($67.5MM), employees 2% ($4.5MM), claimants now $62MM..........leaves us with $90MM in FCNCA stock...........the FDIC gives FCNCA FRB trust certificates in a like amount...............DONE F/ING DEAL............we release any claims against the alleged perpetrators............onward.......................
...you know me...........but that's the deal..........IMO........if Guy is in, we're in.......................so 1 FCNCA share for each 75 of UWBKQ +/-..............again, done deal in my mind.......
...just for discussion, I was advised never to mention the RICO law..............................so I won't................
...just ideas........no allegations whatsoever, relative to RICO............or frankie, or BoBo...................AIMHO......
...JOBS ACT of 2012 and related EGC allow for no SEC reporting.........pink-sheet status also gives reporting waivers...........
...nobody cares when a stock is at the UWBKQ level.......'cept us...
...will be fun to see how Harvey tries to work the BK CT and claimants.........doesn't mean anything until the settlement......
...AIMHO................we believe, for some reason, that FCNCA is crafting something........?????........
...Buffy (Sam Buffone) will muscle up and settle this matter, imo..........Buffy talks the FDIC lingo and the FDIC animals respect him.................$1-billion judgement and the horrible national press publicity is a huge risk to the FDIC............that same FDIC that kept its reports out of the AR, allowed a Ruby Ridge, supported the FCNCA conspiracy with BoBo.........etc.........Buffy just went thru the motions with Amy at the orals because Buffy knew we needed to get to the federal appeals court level.............
...why...????.....the consequences for all involved are HUGE.......the FCNCA package is still on the table and any criminal activity (IF) could still be formally alleged...............
...sure, we're speculating but the possibilities are REAL.......the appeal is REAL..........Amy's blunder is REAL............BoBo's SEIZURE was a PANIC after seeing a REAL CRP.......ET-F/ING-CETERA...........
...just mho...........................
...issue at the appellate level is whether Amy applied the law correctly to the facts................in the event there is new factual information - - indictments, for example - - we could petition for a new trial.................
...Amy totally blew the case because, imo, she stumbled and bumbled over the CRP and these bogus deposit/withdrawal dates.......THE GD FIRREA LAW DETAILS THE CAPITAL LEVELS REQUIRED BY STATUTE AND SETS FORTH THE CRITERIA FOR RECEIVERSHIP - - - - USING THE CAPITAL CALCULATIONS........................all of the deposit malarkey and CRP conditions MEAN NOTHING - - relative to the ILLEGAL SEIZURE.....
...This is America, folks.....................the PANIC SEIZURE of our first-class bank was not justified........PERIOD.........whether Amy had a conflict of interest, or BoBo had a conspiratorial deal with FCNCA or there was insider trading............................triples our damages and makes our case............but our RIGHTS were violated purely by the illegal seizure.................
...Do you want redemption....????............use your anger to buy the heck out of this stock......................nickels for FIVE DOLLAR BILLS.................................AIMHO.........
...and whoever keeps telling me privately to STFU: please give me your name, address and attorney's contact information and we will continue communications at that level................
....4-19........but we'll enter long prior..........imo
...still believing that a settlement is IP.................the FDIC will frame that original $225MM for Guy if there is any chance the SEC and DOJ are asking questions.............it appears to me as if somebody "involved" with the receivership is yakking..........might be frankie.......................we'll see..........AIMHO.......
...45 days to file when the us gov't is involved as defendant......30 days, otherwise...........
...we received some legal advice yesterday re: UWBKQ's appeal and the related process........serious, serious stuff..............gave me confidence..........................scary good what's going on.....
...I don't advocate speculating on the stock...........our odds are so much higher now than betting on Amy...........unreal.....
...but I'll take anybody's 100,000sh blocks for a nickel p/s.......as much as available............all of it...............the only "ask" volume jumps to 9 pennies and then 14.......................so the market for more UWBKQ is not really there...........at least 22MM shares aren't going anywhere....................whatever.........
...the gov't is here, frankie........
...and the jack-boot thugs are not here to help you, frankie................they are here to take away the keys to FCNCA and give ownership of FCNCA to UWBKQ shareholders....................
...big mistake, frankie.........taking somebody's bank without cause and without due process...........nasty stuff...........
...so the bank is gone, frankie..................and those nice men from the gubment might turn off the cameras and then do a BIGTIME "rodney king" on you..............THWACK.........THWACK.........
...45 days from 3-5-2013.............a sheet of paper.........
...http://www.scribd.com/doc/21371531/SAMPLE-Notice-of-Appeal....
...then the game begins......................unbelievable range of options when the federal appeals process in underway..........
...2/29+ 'r' us.................working on 3 and 4...............
...wethinks the ILLEGAL SEIZURE is under investigation..............and once the SEC investigators and DOJ are involved........game over for the trusted government officials..........FCNCA ain't clean either, imo............
...and Amy would have ruled the way she did even if we had the smoking guns in her lap...............Amy should have recused herself, btw......................imo.................
...trust me...........we have HUGE legal armament............the real process of redemption is only beginning...................
...Samuel J. Buffone..................
...DISCLAIMER: I'm giving those who are worried about such matters the finger........................and pointing to an area of my anatomy......................................
...hand us the keys, frankie.............getting in bed with Honey BoBo cost you your bank, sir..............
...tell Marty and TJ that you want to settle, frankie......and the kind folks at UWBKQ will make a deal...........
...some fairies wearing jack-boots owe us $500MM...
...it's never over until we give up...........we ain't givin' up..........EVER.........
...frankie holding is the one cracking up and will give us the keys to his bank when the entire scandal is presented in court, imo......
...no friends, this matter is clearly just beginning.........
.....indictments = $1-BILLION...............frankie will crack, Honey BoBo will crack........family members who got caught insider trading will crack........................the FDIC and OTS and OCC cubicle grunts in on the conspiracy will crack............
....if the CRP had been a truck loan of cash, Amy would have protected Venable/FCNCA, her business associates with the narrow do-nothing bail out .......and as a Democratic judge, Amy took an easy out and suggested Plaintiff's appeal to a court that could rule on the entire scandal...........
....we'll settle after the FDIC reads the 168-page appeal.......but before the en banc orders damages of $1-BILLION.......
....the odds of a favorable outcome are much higher now than ever............not 40 cents p/s...........TWO BUCKS, minimum......done deal.............nickels for fins.......
There's a very defeatist attitude hereon............which is fine.....free speech in a free country.........little people have a platform.............
But REALITY is that some BIG PEOPLE, with lots of money and extremely skilled, retained attorneys are FIGHTING TO GET THE BANK BACK................property rights cannot be violated in America without full judicial review..................because of the peculiar regulations on banks (and s & l's), the judicial process requires litigation to the appellate level...........by design......
We are appealing the limited scope ruling by the federal trial court judge (who had a dangerous conflict of interest)....................there's nothing deeply mysterious going on.....................................we're appealing......
The case will be thrown out and tried, reversed or decided by the 3-judge panel given the law beyond the limits of FIRREA........
The BK is an unrelated, inconsequential matter of nothingness.......
ONWARD......................
...buy at the funeral.......
...sell at the same-sex wedding........
...I'm not advocating speculating in this stock........buy into the U. S. justice system and watch the appeals court DENOUNCE FASCISM..........absolutely GUARANTEED...........
...trust me, there is a mountain of legal work being stacked up............let's just sit back and watch..........and enjoy............for the record, I have bought some more stock and will continue to.....................free nickels..............soon to be free five dollar bills...............................
The OCC made no reference to capital whatsoever - - nor did Amy.......the entire defense was based upon the deposit withdrawal dates and the CRP validity............
The OCC used the date defense in an attempt to cover up the PANIC SEIZURE by the OTS which had illegal reasons to SEIZE the bank....Amy even admitted that the bank should not have been seized but her hands were tied because she could only rule within the FIRREA law.......................nothing else..............
Don't rock your trailer, sir......
The drama on this situation has not even begun........and never will because the FDIC/OCC is settling...................
1. The bank was seized without cause and the one person ordering the gov't confiscation of private property received personal gain......the U. S. Constitution is on trial......
2. The trial court judge had a conflict of interest with a party to the dispute and did not recuse herself.....she also misapplied the law to the incomplete facts.....
3. The FDIC withheld information from the AR.....
4. The bidding process for the seized bank was rigged in favor of the acquiring bank.....
5. The SEC is investigating or "reviewing" questionable trading in UWBKQ common stock immediately prior to the illegal seizure.....
6. BuckleySandler specializes in FDIC bank capital litigation....the appeal is 100% IP..........just wait until you see our appeal.....................scary stuff............to the fascists..............................
7. The appeals court is the appeals court and filing an appeal is standard when a trial court enters an unfair and incorrect ruling.....
8. The BK filing by the bank's holding company is completely unrelated to the bank's claim against the OCC........we can create a residual trust, convert the stock to shares in the trust and liquidate the holding company's assets.......the Chapter 7 was our original recommendation from day one..........you think JPM wants to get wiped out.......???????........and the BAC monies go directly to UWBKQ shareholders.......and the UWBKQ shareholders make all the decisions on the BK and have the best position with this BK - - a very unusual but fantastic position to be in......
We could continue to make many more statements that support the UWBKQ cause. We will prevail and the stock share price will reflect justice in the U.S. The FDIC/OCC does not want to fight us in a federal appeals court. And disregard any comments by a misguided w-e-t-b-a-c-k....................this stock is only for those who have testicular fortitude............
we're appealing and the BK is meaningless
SETTLEMENT in the next two weeks or we play this paper game for another year.............
Mainly because the FDIC/OCC has the window to settle......keep in mind we can play hardball and ramp up our claim at the federal appeals court.......this venue is 10-times more dangerous for the OCC/FDIC/Venable/FCNCA/Amy than the spineless, politicized federal trial court........3 seasoned judges are not going to tolerate some flunkie gov't grunt ILLEGALLY SEIZING private property without cause and for personal gain..........and the AR is absolutely no defense.................that's the AR with the FDIC opposition pages deleted........
The latest rumor is that a settlement is all but signed........what else is not new.....?????.......
I still have some blocks to round off and lots of dry powder.....so, hold off on the settlement until my orders flow through..............TYIA............
An aside, I pulled my standing buy orders at the close 3/15........
The ask moved to .315.....I know this is bogus at the close with only MM front orders, but the Level 2 showed just the one ask at .315............
Andy Sandler has not responded to two of my email requests for just a simple acknowledgment that BS plans to appeal. He has always responded openly in the past. We have a right to know what our counsel plans to do. I can only understand silence if we are deep in the settlement discussions.
Rock on
BuckleySandler will appeal....no doubt whatsoever......two standard forms initially could = $60MM for BS within 30 days......c'mon........then the beagles can go after the FDIC and the job kick-back and the insider trading and the panic seizure immediately after a CRP is presented and Amy's conflict of interest...............hello....????....
The next 30 days is also a window to settle as the leverage swings back to us once the appeal process starts...........there are numerous examples of savvy federal-level lawyers jumping over the trial court to the federal appeals court where there are 3 NON-POLITICAL judges - - particularly when the trial court judge is a democratic co-conspirator, imo..............
We still believe that a settlement is close to being done......FCNCA is definitely in on something going on and the FDIC sees how the breakdown of the settlement monies will flow through the BK CT.............although we would have to waive any claim against the OTS/FCNCA/OCC/FDIC/Jim Jones Congregation and all associates..................$225MM now ($90MM for us in FCNCA paper) or $500MM+ if BoBo gets handcuffed.........whatever.....
Game on..................
_____ Martin J. Gruenberg_____
This loser holds all the cards.........today, anyway..............
Federal Appeals Courts make decisions that are all over the map.....BuckleySandler beagles are experts on the bank capital and FDIC games and very experienced with federal appeals.......we have a solid appeal.............SOLID........
There is usually a 3-judge group that reviews the original case facts and then decides whether the trial court judge correctly applied the applicable law. An original trial court decision could be upheld or reversed or a new trial could be ordered or the judges could enter a new decision.
UWBKQ really needs a miracle to prevail at the appellate level. If we can allege some type of job kick-back, or conspiracy or illegal trading that forced the seizure, we have a chance. We appear to have the job kick-back, the possible conspiracy and possible insider trading.
The "leveling and sharpening" of the original case shows that the SEIZURE was rushed after a credible CRP was presented. Applying FIRREA to the situation does not make an absolute compelling reason to SEIZE the bank. Amy admitted this but stated that we could not show that the seizure was unreasonable.
The FDIC has us in a pivot trap because if the appeal looks strong, the FDIC will try to force this $225MM/FCNCA stock settlement rather then risk the appellate $500+MM judgement. But whatever........lots of if's but we are a long, long way from a conclusion................unless that $225MM on the table is real.....................jmho.................
REPEAT: WE HAVE A SOLID APPEAL...................and actually better odds of a payoff at this point than with the spineless weasel at the trial level who has associations with the conspirators, imo........................
...S/P really means nothing, imo........sure 40 cents p/s is preferable to 4.6 cents.......psychologically............
...but LT, and especially now because of the pending appeal, it's $4.86+ with a combo of cash and FCNCA stock...................or .015................freakish situation ever..........and I'm all in...................................hope all of you are too........few opportunities in life for a big one and the odds here are fairly high................jmho...................
A warning is that there are moles, attorneys, the SEC, FDIC and lots of other folks all over these boards.
Yahoo and Facebook will throw anybody under the bus if subpoena'd. ADVFN or whatever this MB is takes a bigger fight because it's non-US ownership. That's why I'm here.......through 2 proxie servers..........
IMHO, there is no gov't involvement with the UWBKQ stock. None.
Guy and William Blair and the Highlander block & me still control over 22MM shares. We ain't goin' anywhere. I bought two big chunks 3-6.
This situation is a 100% legal mess. Completely unpredictable.
Moles: BS says appeal is IP.
Legal advice to date has been spot on........
1. Amy would stretch out the bogus rhetoric and issue a weak, spineless "scold, but uphold"..............
2. The FDIC, behind the scenes controls all aspects of the court case, any settlement, the BK and all communications. The FDIC's internal documents appear to have advised against the seizure, or did not support it. If ever presented, the FDIC docks could make a case for the illegal seizure. A big IF.
3. A settlement will ultimately involve FCNCA, if there is a settlement because this would limit the cash outlay and might satisfy the UWBKQ shareholders.
4. The FDIC will only settle if there is some form of impropriety or criminal claim made public. The FDIC will try to prevent any disclosure of impropriety with seal requests and could fight legally for years if necessary. This approach has softened recently, it appears.
5. The alleged job kick-back is a serious claim and could be considered by the court because the former OTS Acting Director obtained the job with the business partner (Venable) of the acquiring bank (FCNCA). The legal adviser says this could actually make the conspiracy case because it is real. This FCNCA/Venable/Bowman connection would have to be proven but the legal adviser thinks this is a 'smoking gun' that could make the case.
6. The insider trading allegation is not as strong as the job kick-back allegation, I was told. The insider trading still has to be proven and connected directly to the OTS, FCNCA or a relation. If evidence were created and the insider trading somehow caused the OTS to seize the bank, shareholders would have a huge recovery, by court decision or settlement. This would result in the biggest payout.
7. The arguments on capital levels being sufficient or insufficient are weak because they were borderline and the bank was operating under the C & D and repeatedly warned. Likewise, the deposit withdrawal deadlines support the OTS, he said. This is why Amy simply pushed the paper away.
8. The seizure immediately after the CRP and the inability to give more time could also make a case for the bank. The urgency to seize should not have happened given a CRP, however weak.
So that's part of an opinion from an expert in banking laws. I was also told the BK filing, disclosures, challenges, claims, and hypothetical settlements are totally insignificant to the court case on the front end.
If the case is lost, there is virtually nothing, BAC/ITR, included for shareholders. A favorable judgment on appeal or a settlement is tied to an impropriety and it appears there is one and possibly two or three. There is a relatively high probability of this case getting settled prior to an appellate ruling, I was told.
That's Freddie for today. I believe BuckleySandler's effort on the original filing and oral presentation was soft and inconsequential. Hopefully, BS will up their game as we proceed.
Unrelated.......the PE fund has been watching this case and know about it inside and out..............the fund could drop $50MM into this mess like it was spare change............
The SEC is still "reviewing" the insider trading immediately before the ILLEGAL SEIZURE.....................still reviewing which tells me something is being investigated or the SEC would have closed the investigation............the SEC is also the Co-Trustee in the BK filing............................no coincidence, imo.........2 or more big short positions out of nowhere in late 2010 and early 2011 are lined up, the bank's real CRP materializes and the OTS PANICS and does a midnight S-Memo without the FDIC's endorsement and SEIZES the bank.....................no coincidence there and it might be a $500MM treat for us...............imo..........
Latest word from west Boulder is some big money insider wants to buy all UWBKQ shares.............not sure how this would be possible unless Guy and the William Blair/Highlander blocks are involved.............the BuckleySandler appeal and BK will smoke out the players and will also surface the long in progress settlement discussions......................
This bad boy will go up past $2.00 faster than it dropped 20 cents when Amy had her spineless bowel movement - - which we were waiting on for 2 months................
Appeal is long being drafted..............trust me.............and the SEC has UWBKQ stock trading on its monitors...............
We are finding out who has BALLS with this "opportunity"...........wait til this sack tingler happens......GARGANTUAN BIGTIME TINGLE........$4.86-LEVEL TINGLE.......
_____ Martin J. Gruenberg_____
Do the right thing, Marty........we'll make a deal that benefits both of us and we'll take the FCNCA stuff - which was your original idea anyway..........surely, we'll fight for another few years in the event you choose legal warfare, Marty.........and any indictments will CRUSH you, Marty........................$1-billion thereon, Marty........
BuckleySandler's two senior leads on our case were long-time FDIC beagles....................and we'll take you and FCNCA down if you want to fight...................
Bottom Line: the FDIC is clearly softened up on UWBKQ vs OCC......and it's the insurance fund that has to pony up the $500M+ that we're going to get from you, Marty..............I kind of want to fight for awhile but the lovers on this board just want cash and/or FCNCA stock..................whatever..................
Better start talking, frankie......UWBKQ is appealing the ruling on the ILLEGAL CONSPIRACY, which even the judge suggested.........
The ILLEGAL SEIZURE will now be fully investigated.....FULLY......
Who knows what will happen, frankie.......but your conscience is your guide, frankie.....
Getting involved with John Bowman may have been a very, very BIG MISTAKE, frankie....................losing your entire bank over this possible conspiracy was not worth it, was it, frankie....??????
Just my opinion, frankie, but you gonna be in a lot of TRUB, imo....................BIGTIME TRUB...............
The bank was seized without cause. The jack-boots who confiscated the bank did not expect to get sued.
Was there a kick-back in the form of a job to the one person who ordered the ILLEGAL SEIZURE?..........it appears this was the case....
There were at least two large short positions taken in the UWBKQ common stock immediately prior to the ILLEGAL SEIZURE. Was this an inside job that the one person who ordered the ILLEGAL SEIZURE was ensuring a large financial gain for someone the one person knew?.......we'll find out......There could have been a conspiracy to ILLEGALLY SEIZE the bank created by the former Acting Director of the OTS, Venable LP (awaiting your suit, btw), FCNCA and possibly others.
There was no compelling reason to SEIZE the bank other than insiders' personal agendas.
And the FDIC keeps detailed records on all banks, bank exams, c & d's, ILLEGAL SEIZURES and internal communications. As the supervisory regulator, what did the FDIC report internally about United Western Bank prior to the ILLEGAL SEIZURE?
The bank was adequately capitalized and pure capital levels are the only criteria that can be used, by statute to seize a bank. Bogus gobble-dee-gook about deposit dates and depositor withdrawals mean nothing. The bank could have bought deposits from a number of sources including the FHBB, which even Amy acknowledged.
We are appealing Amy's movement.
And the OCC/FDIC will ultimately settle the case. Absolutely no doubt. None.
4 concepts apply to UWBKQ
1. JC
2. ZEN
3. Art of War by Sun Tzu
4. Ginger Bank
Both sides wanted Amy out of the way and she teed up the case just as we planned.
Any whisper of an indictment = a $500MM OCC/FDIC problem. The deal we have agreed to is $225MM, imo.
BuckleySandler had an appeal drafted weeks ago. The stock should not even be trading, imo.
The BK 7 vs. 11 means absolutely nothing to common stock shareholders. We control that entire situation and we could even withdraw the BK. Nobody gets a dime until the settlement agreement is signed.
We might have to wait another year while the legal dogs on both sides tally about 30+ hours per day. John Bowman created thousands of hours in legal work with his dastardly selfish act.
Anyhoot, we remain solid with the residual $90MM for us per the conditional settlement agreement. Sell the stock or take the tax-deferred FCNCA issue.
...BuckleySandler will stack the appeal very, very HIGH.......
...because the bank was seized by a corrupt, self-serving soon-to-be unemployed fascist WEASEL............who was trying to protect an inside short-seller and secure him a job at the acquiring bank's business partner......................
...the real game has just begun...............
...we will never give up............we will never quit.........and we will never back down from this injustice.................EVER.................quote me on this.........
...we knew going in to Amy's North Korean kangaroo court that we had a one-in-three chance with a narrow legal purview..................and her opinion was so hedged that she is inviting an appeal for a non-political federal appeals court judge to return our bank with $500MM gift-wrapped.............
...odds of an ultimate fair ruling...........100/f-ing/percent..........