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Tuesday, May 11, 2010 7:28:01 PM
F. The Debtors’ Investigation Of Potential Claims And Causes Of Action.
29. Approximately one year ago, based in large part on the allegations against JPMC
raised in an action commenced by third parties in Texas state court (the “Texas Action”), the
Debtors filed a motion seeking Rule 2004 discovery of JPMC. [Docket No. 974]. In the Texas
Action, stakeholders of WMI and WMB sought the recovery of billions of dollars from JPMC,
alleging, among other matters, that:
{D0175689.1 }17
• JPMC executed a premeditated plan to damage two of Debtor WMI’s most
valuable assets – WMB and WMB fsb – so as to facilitate a distressed sale of the
assets to the detriment of the Debtors’ estates.
• JPMC engaged in “sham negotiations” with WMI to elicit confidential
information, which information JPMC is alleged to have misused in violation of
confidentiality restrictions.
• JPMC leaked false information to news media, which incited the “run” on WMI
by depositors that eventually served as the justification for regulators to seize and
sell the assets to JPMC.
• JPMC coerced the FDIC and OTS into facilitating the sale of WMB to JPMC at a
“fire sale” price, including by dictating the bidding procedures so as to prevent a
value-maximizing, competitive process.
• JPMC misused access to government regulators to gain a competitive advantage
and wrongfully influence government policy and actions with respect to WMI.
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