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Zitat With Catz:
Nothing substantially new from me as of yet -- I'll need for us to finish (lol) the SNHs and have Kosturos be cross-examined {somehow there must be a better word than 'cross' for the 'exam' that I think is forthcoming}
But I am pleased with what I've heard {and mostly recap/live read} so far -- as it relates, to the POR Confirmation -- I'm thinking NFW for it being confirmed. Which, again, is our primary goal here.
Everything else is gravy. And I think we'll need a few more gravy boats.....
...Catz
A reminder: Transcripts for Day #1 through #3 are in the stickies, or here: investorshub.advfn.com/boards/read_msg.aspx?message_id=65393047
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Zitat byrddog:
Malwani has overwhelmingly demonstrated the you can be a dumb sob and still make millions of dollars at a hedge fund. It only requires insider information, neglect of the law and very little intellect.
Byrd
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Zitat With Catz:
An interim two-cents.
If we go back to the prior Omnibus, where the SNH's were adamant that their crafted "Safe Harbor" put all the onus on the Debtors to determine what-was and what-wasn't 'Material Non-Public'.
And before that, we heard the SNHs claim they only traded on "Public" information.
Each iteration their story is changing.
Now the story is the more losey-goosey "We did not feel it was material", etc.
{This is more, IMHO, an anti-jail stance. There must be supposed malice and 'intention' proven for it to be a violation of securities laws.}
That doesn't mean that the court can't find other reasons -- such as corrupting of the plan, process, etc.
The court does not need to find this to be a criminal matter. This is a civil one.
I next expect the SNHs to do the "even if we did it, it wasn't meant to be, and because we didn't mean it to be, we didn't violate securities laws, and since we didn't violate securities laws, it can't be used against us here"
Wait for it.
It's coming.
IMHO, the Hedgies will try to tie "you can't prove criminal intent"... to "you can't call us ugly in this case".
Won't work. This is Civil court. Corrupting the process, etc doesn't require proving "criminal" level intent.
...Catz
Yes, that matters here. Because the standards are civil, and bankruptcy law, not criminal.
And that's the point I'm making here.
Sure, I'm the first one that wants to see perp walks, handcuffs and jail suits.
But that's secondary. And we certainly don't want the HF's trying the "well, the standard is criminal" or "we haven't been convicted of anything, therefore the bankruptcy process can't be proven to be flawed here".
Neither are required. I'm saying they will try that. IMHO.
The court will decide whether there is sufficient (and I think there is so far) evidence that the process was flawed, violated BK process, and that will be sufficient to kill the POR.
I hope the GSA is killed also -- but since the SNHs are no longer signatories to it -- and we haven't seen TESTIMONY {yea, inference, but not seen} JPM, FDIC doing something wrong -- the GSA is a little tougher nut.
I also think that the Debtors themselves have a lot of 'Lucy Explaining' to do here -- and I can't wait for Kosturos to be on the stand.
...Catz
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ZitatWith Catz:
I believe ANICO does help. Strongly. I was saying that the testimony so far doesn't. Not significantly, IMHO. But we have more testimony coming -- especially from Kosturos -- one of the current 'GSA' (Debtors) signers.
I have my personal doubts about Stern helping at all -- in this specific case -- and I won't share why in public. Suffice it to say that I've done my DD on this, and have reviewed it with trusted council, and they share my concern on this one.
Too many evil eyes afoot. Don't want to give ideas out on that one.
...Catz
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ZItat fsshon:
ilenes.. The reality that seems to be surfacing about the way these hedge funds work is, they trade whenever they feel like it and the debtors were condoning their behavior. JPM seemed to have realized it in Early Fall 2009 and used it as leverage against them, when they did not get the GSA they (JPM) wanted, they filed a 2019 Motion on the HF's and waited while they (HF's) tried to wiggle out of it. It is very obvious JPM did not press the HF's and USCC for disclosure because they were using the signed Motion as leverage to get the GSA that only benefited JPM..
Seems like business as usual over at good ole JPM..
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ZItat ilenes:
Don, the more I sit in the court, the easier it is to get disgusted with how this all works. JPM used everything in its power to talk about settlement and then walk away, or change its mind at will. No accountability and a wild west mindset where anything goes, so long as you don't get caught.
Winning this is just the first step.
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ZItat ID Supermoney:
Could you ask EC why not ask for trading records on Dec 31, 2009??
Reason, find out what time each Hedgie started buying their shares?? before year end..
If they started buying in AM BEFORE any info came out in afternoon that they claim "we all new", then that would be IT to the max!!
All buys on trading records, show at what time they were purchased.
Reason they would have had the jump on all other people trading!!
If nothing else inquire!
Again thanks a million
ID
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ZItat ilenes:
have already passed along something similar. also, they do have most of the trading records...but I'll ask again
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ZItat Yanik :
Hey Ilenes. Can you or anyone who remembers give me a rundown of what happened during the cross of the last guy on the stand today. Dan's Audio archive cuts off just when that cross started.
Thanks.
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Zitat ilenes:
I'll give you a bit, and then others fill in. tired and ready to hit the bed, but if you missed hearing this, you missed a good show by Ed Sargent! he was on point and very tough with Malwani. In fact, he tried twice to get an admission and pushed so hard JMW asked him to move to the next question, since he wasn't going to get anywhere otherwise.
Malwani was well coached, but as a former Fried Frank attorney, I expected more from him. He fell apart with pressure, IMHO, but put up a good fight. like the others, he suffers from selective memory and a slippery understanding of the meaning of "trading restriction" I'll try and write more tomorrow morning...pretty tired now
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Zitat drrugby:
Fsh, You got it right.. JPM knew that once WMI went into BK..
they knew what the distressed HF were going to do.
They have everyone in their pocket. With one exception.
The EC.. When the Debtors could not stop THJMW from having an EC..
The game changed.. Delay delay delay..
And here we are.. Debtors still billing the estate and every other attny..
But.. With WGM Rosen being through under the bus.
It just a matter of time..
If THJMW does one or two of the following things..
1. Rule against the HF with IT.
2. Rule the POR was not drafted in Good Faith.
3. Write an oppinion suggesting the EC motion to remove the Debtor due to conflicts.
4. Rule on Stern that BK Court can not settle DC claims.
5. Rule on Bank Funds.
The Game really changes in our favor..
GO WAMU EC..
DrR..
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Zitatende
MfG.L:)
Alles nur meine pers. Meinung, kein Kauf- oder Verkaufs-Empfehlung!