I am sure that argument will be used in some form. The problem relay comes down to WMB was capitalized and only 1 or 1 ½ % below JPMC at the time of the seizure. This was a very small window of opportunity for the OTS to make its claim. I am sure there are many reasons they chose WMI to attack when BAC was in far worse condition at the time. Maybe BAC was just considered to big and they would wind up with an insurmountable number of lawsuits.
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