SGB, yes, Sheila Bair lobbied for the laws to be changed and they were. If I am not mistaken, as recently as the Fall of year 2014, the Government can now LEGALLY seize bank holding companies but it is ILLEGAL to make this law retroactive until 9/2008.
It was illegal then, so IMHO, hence, the truly fair and reasonable settlement that more than likely we WILL know about and/or see in year 2015 if not any day now.