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Tuesday, May 20, 2014 4:13:26 PM
What is missing in your analysis is that HERA 2008 was designed to put the FHFA into the shoes of any company that its Director placed in the conservatorship and in doing so to take over all the rights of the company, shareholders, board and executive management. That is the law, like or not.
The issue is not whether it was done since federal law expressly allows it to be done without ambiguity.
The issue is how it was done. Was it done in a way where there was time for negotiation and alerting the shareholders for a vote so that the board and executive management could gauge the sentiment and desires of the shareholders and represent them to the FHFA? Or was it done in a capricious and arbitrary manner, quickly with threats, shareholder exclusion and firings?
The issue is how the conservatorship was executed.
It is not a legal issue that it was done by law.
There are laws (APA), that protect against using the law in a wrongful and abusive manner.
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