Either way you've lost 1%, but you can decide whether to hold the upside exposure and voting control.
I think the key is the size of the fine. $1B to JPM is not really a whole lot. Maybe scaling the fine according to the size of the entity might make sense, but then there's a question of why everyone else at JPM is getting fined simply for doing their job in the same building as the guys who did this.
Edit. On second thought I guess you mean there will be a restriction on buying back the shares?