>>I dont see how you can argue he has received your taxpayer money.<<
So they went broke paying his bonus (among other things) and then the government gave them money to pay their debts. Somehow that does not make me feel better about the Taxpayer Asset Removal Program.
What should Merrill do--try to renege on the employment contract? Should Kraus just give it up because, hey, the company that hired him got acquired by another company that later accepted TARP funds (under pressure from Paulson, even though they were actually pretty healthy)?