PRAYER FOR RELIEF 190. WHEREFORE, Plaintiffs pray for an order and judgment: a. Declaring that the Net Worth Sweep, and its adoption, are not in accordance with and violate HERA within the meaning of 5 U.S.C. § 706(2)(C), that Treasury acted arbitrarily and capriciously within the meaning of 5 U.S.C. § 706(2)(A) by executing the Net Worth Sweep, and that FHFA’s structure violates the separation of powers; b. Enjoining Treasury and its officers, employees, and agents to return to Fannie and Freddie all dividend payments made pursuant to the Net Worth Sweep or, alternatively, recharacterizing such payments as a pay down of the liquidation preference and a corresponding redemption of Treasury’s Government Stock rather than mere dividends; c. Vacating and setting aside the Net Worth Sweep, including its provision sweeping all of the Companies’ net worth to Treasury every quarter; d. Enjoining FHFA and its officers, employees, and agents from implementing, applying, or taking any action whatsoever pursuant to the Net Worth Sweep; e. Enjoining Treasury and its officers, employees, and agents from implementing, applying, or taking any action whatsoever pursuant to the Net Worth Sweep; f. Awarding Plaintiffs their reasonable costs, including attorneys’ fees, incurred in bringing this action; and g. Granting such other and further relief as this Court deems just and proper.
III. CONCLUSION We AFFIRM the district court’s order granting the Agencies’ motions to dismiss the Shareholders’ APA claims because such claims are barred by 12 U.S.C. § 4617(f). We REVERSE the district court’s order granting the Agencies’ motion for summary judgment regarding the Shareholders’ claim that the FHFA is unconstitutionally structured in violation of Article II and the Constitution’s separation of powers, and we REMAND to the district court with instructions to enter judgment declaring the “for cause” limitation on removal of the FHFA’s Director found in 12 U.S.C. § 4512(b)(2) violates the Constitution’s separation-of-powers principles. https://www.courtlistener.com/pdf/2018/07/16/patrick_collins_v._steven_mnuchin_secretar.pdf
The case was remanded from the 5th circuit (17-20364) back to Judge Nancy F Atlas in District Court, S.D. Texas. (16-03113)
Then on sept-30-2019 Collins filed a Petition for a writ of certiorari in the SCOTUS, and the government filed on Oct-29-2019 a petition for a writ of certiorari in the SCOTUS
So now we know Judge Atlas will “enter judgment declaring the “for cause” limitation on removal of the FHFA’s Director found in 12 U.S.C. § 4512(b)(2) violates the Constitution’s separation-of-powers principles.” As ordered by the 5th circuit
As a result of the removing the “for cause” and replacing it with “At-Will” the FHFA is no longer an independent agency, and can no longer be funded thru FnF, as the FHFA agency now is a government agency that receives it funding from the appropriation act, and of course the distributed funds from 12 years,(2008-2020), to operate the Agency(FHFA) need to be returned. “FHFA issues assessment notices to the regulated entities semi-annually, with the collections occurring October 1 and April 1.” https://www.fhfa.gov/AboutUs/Reports/ReportDocuments/FHFA-2019-PAR.pdf really great stuff in this document start at page 27
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