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Thursday, February 17, 2011 6:01:17 PM
I am willing to look at the cracks and what these cracks REALLY mean or could mean. One would have to look at these cracks without emotion to fully understand what I am going to say. Let’s take a look at what the Judge did with Thoma’s insider trading issues as opposed to Ilene’s confirmed actions of Rosie’s jerry-rigging the voting process. The Judge TOTALLY ignored Ilene’s case altering fact about jerry-rigging and the Judge gave rise to Thoma’s insider trading issue. At this point the EC does not care how we win, as long as we get some justice either through some form of payment or otherwise. This tells me the Judge is totally protecting the REAL criminals while she diverts the real crime to the Hedge Funds and this is probably long overdue anyway.
We also have the fact the Judge went on record with telling Rosie he has to value the reorganized WMRRC by including the 2011 NOL's. These two case altering facts, insider trading and valuation on record about WMRRC could prove the EC's turn about. The Judge even used a number of ten billion dollars when she was discussing with Rosie about WMRRC's valuation. In the event there is too much money, the court could not let an overpayment stand (imagine that) by giving them more than they are suppose to get. This is the crack that IMHO lets Susman in whether the Judge follows through or not and of course this valuation could lead to more. Susman can use Rosie’s own numbers and I find it hard to believe when the Judge hypothetically used the ten billion dollar figure that she was not serious. Becasue if you take thirty five percent of all of the various tax issues of thirty five billion dollars, then her numbers are VERY close to reality. Maybe this is her way of forcing some type of agreement or will she backtrack as her history shows? No matter how you look at it, this is a potential case altering crack in WMI’s armor.
The insider trading crack is also huge as I believe Susman has the evidence. I say this by the EC’s own action when they discussed the timeline they would need. They said only two weeks and this action tells me a WHOLE LOT. Why, only two weeks and that IMHO is because the EC only needed to have the process legitimized in case the evidence they have could not or would not be admitted. Again, this action tells me Susman only needed the “Rule 2004” discovery approved by THIS court. All one has to do is ask yourself this question assuming Susman has the goods. Whether or not the Hedge Funds are or not part of the final POR, they negotiated this POR. If a crime has been committed of insider trading, how could this Judge could approve this POR? This could happen only if she is a willing partner in the crime of bankruptcy fraud with Weasel/Gotcha and Mangle.
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