IV. ARGUMENT A. FIRREA Precludes Plaintiffs’ Claims for WaMu’s Alleged Conduct The Federal Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1811, et. seq., governs the transfer of assets from a federal receiver to a subsequent purchaser.

L. No. 101-73, § 101(10), 103 Stat. 187 (1989), codified at 12 U.S.C. § 1811. 42 18 U.S.C. §§ 215 (bribery involving a financial institution); 656 (theft, etc., by bank officer); 657 (theft, etc., by officers of lending, credit, and insurance institutions); 1005 (fraud against the United States or a financial institution by an individual); 1006 (fraud against the United States or a financial institution by an individual insider); 1007 (FDIC); 1014 (FHA); 1344 (bank fraud); 15 U.S.C § 645(a) (fraud against the Small Business Administration).

10. Chase accepts that on September 25, 2008, the Federal Deposit Insurance Corporation (“FDIC”) was appointed the Receiver for WaMu, and that under Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1811, et. Case 6:15-cv-01420-AA Document 26 Filed 04/18/16 Page 2 of 4 DWT 29296477v2 0036234-000408 Page 3 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax seq., all claims Plaintiff had against WaMu had to be brought against the FDIC.

Because the P&A Agreement between Chase and the Case 6:15-cv-01420-AA Document 6 Filed 09/15/15 Page 5 of 18 DWT 27761308v3 0036234-000408 Page 6 - MOTION TO DISMISS PLAINTIFF’S COMPLAINT DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax FDIC explicitly provides Chase did not assume any liability associated with borrower claims against WaMu, Plaintiff’s claim should be dismissed. The Federal Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1811, et. seq., governs the transfer of assets from a federal receiver to a subsequent purchaser.

5. Paragraph 21 of FDIC’s Second Amended and Restated Complaint Intervention (the “Complaint”) reads: “FDIC is a corporation organized and existing under the laws of the United States of America with its principal place of business in Washington, D.C. 12 U.S.C. § 1811, et. seq.

See, e.g., 12 U.S.C. §§ 248(a)(1), 325. In furtherance of their statutory responsibilities, the OCC and the Board are authorized under section 8(b) of the Federal Deposit Insurance Act, 12 U.S.C. §§ 1811 et seq., to order banking organizations for which they are the respective “appropriate Federal banking agency” to cease and desist from engaging in unsafe or unsound practices or violations of law, and also to take “affirmative action” to correct the conditions resulting from any such practices or violations. 12 U.S.C. § 1818(b).

The ist sentence of section 5146 of the Revised Statutes of the United S tates (12 U.S.C. 72) is amended by inserting “(1) the Comptroller of the Currency may, in the Comptroller's discretion, waive the residency requirement in the case of any director of a national bank to whom the requirement would otherwise apply, and (2)” af ter “except that”. TITLE INI—LENDERLIABILITY SEC. 301. LENDER LIABILITY. (a) IN GENERAL.—The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by addingafter section 44, the following new section: “SEC. 45. LENDER, FIDUCIARY, AND GOVERNMENT AGENCY ENVIRONM ENTALLIABILITIES. “(a) LENDER ENVIRONMENTAL LIABILITY.— “(1) IN GENERAL.