The whole issue with the DM loans is that they came with shares attached. DM used insider information to trade those shares (which is illegal/violated our agreement with them). They also may have violated MA & NY usury laws because of that trading, too.
BAM's loan was just a loan with a high, but legal, interest rate attached to it. We have no recourse on that one.
That is why the EC thinks they can get ~$50M back. That is the amount attached to the potentially illegal loans.