Sunday, June 02, 2019 7:12:19 AM
One additional request, if you would be so kind. The SPSP Agreement most all of us have seen is the version signed by Treasury and FHFA. So far rulings have been that under HERA that "contract" is not "self-dealt" and thus illegal. I think most all of us understand that position, whether we agree with it or not remaining a separate issue.
My question is in your earlier work are you aware of any predecessor agreement that may have been signed by the Boards of Directors prior to their being discharged and replaced? My reason for asking is that so much information was revealed during the Sweeney Court's lengthy slog through discovery that offers potentially damaging refutation to the "normal" context of the terms in the Agreement that a possible conspiracy case might be brought, say under RICO provisions, alleging a criminal conspiracy that radically affected investor's in Fannie Mae and Freddie Mac.
I'm not asking you tp detail the merits or mechanics of such a filing (which I know would be difficult and possibly impossible), just the possibility that the boards may have signed the SPSPA in some fashion, even as a deal sheet as took place in AIG/Starr, which would render any such further action moot. If no Board executed affirmation of the Agreement was executed. at least the possibility of a new action seems viable.
Thanks, again, for your contribution to all of us here.
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