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Re: clarencebeaks21 post# 691695

Tuesday, 08/10/2021 8:06:38 PM

Tuesday, August 10, 2021 8:06:38 PM

Post# of 794275
"False. If HERA was a copy, it would be identical."

LOL, I wish, such one liners can be used to prove or disprove anything.

Are you saying that HERA and FDIC laws do not have any similarities?
If so what is the source law on which HERA is Based.

Please do some research and find out for yourself. You can post your own analysis to refute the fact the HERA is almost a copy of FDIC laws.

Court of appeals DC circuit uses word "Identical" as underlined in below references.

Here are some references:
1.
https://www.federalregister.gov/documents/2011/06/20/2011-15098/conservatorship-and-receivership

"Reflecting the approach in HERA, the rule parallels many of the provisions in the Federal Deposit Insurance Corporation (FDIC) receivership and conservatorship regulations."

2.
https://www.cato.org/sites/cato.org/files/pubs/pdf/working-paper-26_1.pdf
By Michael Krimminger and Mark A. Calabria
"Although a new statute, HERA was well-grounded in the long history of FDIC bank conservatorships. In fact, in adopting HERA, Congress virtually replicated the FDIA’s conservatorship and receivership provisions in part to provide comfort to stakeholders in two of the largest, and most important, U.S. financial institutions.6"


3. www.cadc.uscourts.gov/internet/opinions.nsf/66A4E1FEF4BB8401852580CE005620C3/$file/14-5243-1662090.pdf

Page 12 and 13:
"In language later copied word-for-word into HERA, FIRREA lists the FDIC’s powers “as conservator or receiver,” 12 U.S.C. § 1821(d)(2)(A)–(B), and it later lists the FDIC’s “[p]owers as conservator” alone, id. § 1821(d)(2)(D). Save for references to a “regulated entity” in place of a “depositoryinstitution,” the conservator powers delineated in the two statutes are identical."