Saturday, January 02, 2010 6:04:48 PM
http://en.wikipedia.org/wiki/Fiduciary_duty
Also securities laws with respect to insider knowledge and confidentialty, have been broken, and that also falls under breach of fiduciary duty to a certain extent. So multiple multiple laws have been broken, winning against JPM and emerging from bankruptcy, is not the end of the game here. If and when laws are found to have been broken, and fiduciary duty breached, that opens up a whole new raft of civil suits, not just from WMI, but also shareholders.
See, the problem is, there's really no way to prove, that Wamu wouldn't have bounced back with improving market conditions and some TARP. A shareholder's lawyer, could easily allege, that a given shareholders money, might have tripled or quadrupled in that time, and who's to say it wouldn't have? Thus, his/her shares at 7.65, might have turned into 40.00 a share, HAD THE LAW NOT BEEN BROKEN AND WAMU ILLEGALLY SEIZED. There is the "fair value" argument, TRUE fair value considering possible appreciation. THEN you add in damages from there! And the pot starts to get really big.
The street smells blood here, and the sharks have begun to circle.
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