PDG Page 29
Moreover, in at least once instance, a witness interviewed by the Examiner was subject to potential bias from a conflict of interest that does not appear to have been disclosed. peter Freilinger had been a Senior Vice President and Assistant Treasurer at Washington Mutual. the Examiner relied on statements made my Mr. Freilinger in an unsworn interview for much of his analysis of Washington Mutual's claimed liquidity crisis in the final days before seizure. The Examiner quotes Mr. Freilinger as saying - contrary to other Washington Mutual employees interviewed - that the OTS "did the right thing" in closing the bank. Counsel for the Equity Committee learned in a deposition of Mr. Freilinger that he was hired by JPMC following the acquisition and that he is currently employed as a consultant to Weil Gotshal, Debtors counsel. This conflict of interest was apparently not disclosed to the Examiner and, in any event, is not acknowledged in his report.
