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Sunday, October 19, 2014 1:07:09 AM
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"Defendant further states that in late 2013, Mr. Howard authored a book that “offers his take on the demise of Fannie Mae / Federal National Mortgage Assctn Fnni Me (OTCBB:FNMA) and the collapse of the United States home mortgage market.” Def.’s Opp’n 2. Defendant contends that Mr. Howard “makes clear in his book that he believes [that] he is the victim of the [g]overnment’s overregulation of the [e]nterprises[,] and that the 2006 charges against him were unfounded.” Id. In addition, defendant notes that Mr. Howard has stated publicly that he “desires ‘to be part of the debate over the future of Fannie Mae, and its counterpart, Freddie Mac / Federal Home Loan Mortgage Corp (OTCBB:FMCC)’ and that he sees his book as part of that initiative.” Id. According to defendant, there is “significant reason” to be concerned about Mr. Howard potentially violating the protective order if he is granted access to protected information. Id. Specifically, defendant argues, because Mr. Howard believes that he “lost his career and reputation” due to the “[g]overnment’s regulation of the [e]nterprises,” such “deeply-held beliefs may color” his view of confidential documents in the case and also his willingness to adhere to the protective order, both during and after this litigation. Id. at 3. Further, because Mr. Howard owns common and preferred stock in Fannie Mae, defendant contends that he has a personal financial stake in the outcome of this case. Defendant asserts that as a shareholder, Mr. Howard “,would have an incentive to release confidential information in order to increase the price of his shares.” Id. Defendant concludes that Mr. Howard’s access to protected information should be barred because of the risk of its inadvertent or intentional disclosure. Id. at 4."
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