It doesn't matter, there was a run on the bank, the were not well capitalized from a liquidity perspective. Rottella asked the feds for a influx in cash and the feds turned him down and seized.
I totally believe that hanky panky paulson met with jamie snake oil salesman dimon and hanky seized wamu to shore up jpm's books since they were self insured and could not rely on aig.
But get in a court room and the FACT IS THERE WAS A RUN ON THE BANK and I think that in and of itself would justify the theft.
In a court room you would have experts from both sides debating the chit for 15 years to try to prove, legal/illegal seizure.
If a lawsuit has not been filed yet it is likely not going to be, unfortunately.
all imo