I know they said that. But 21.4 Billion is CASH was more than the other 2 bank runs put together and then some, The FDIC does not have a "legal leg" to stand on with that argument, so they are going to use the mismanagement one. it won't work!
The meat of the argument is the 21.4 Billion in CASH. That was probably more capital than any bank in the USA had in disposable income at the time. They informed the OTS and they got screwed for it. They were smart, they saw it coming and prepared for it. The FDIC took their stash they put in WMBfsb, the legal argument is :
WHO OWNS WMBFSB?
GAME-ON BAIR !!
~Fish~