Wednesday, September 01, 2021 11:40:38 AM
The point you bring 12 U.S. Code § 4617(a)(6) conflicts with 12 U.S.C. § 4617(f) however is correct and should fail as a matter of law too
Wrong yet again.
12 USC 4617(a)(6):
(6) Directors not liable for acquiescing in appointment of conservator or receiver
The members of the board of directors of a regulated entity shall not be liable to the shareholders or creditors of the regulated entity for acquiescing in or consenting in good faith to the appointment of the Agency as conservator or receiver for that regulated entity.
12 USC 4617(f):
(f) Limitation on court action
Except as provided in this section or at the request of the Director, no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver.
These two cannot conflict because (a)(6) only applies at the time FHFA appoints itself conservator, while (f) only applies to actions FHFA takes as conservator, which by definition cannot happen until after FHFA has appointed itself conservator!
as the government cannot take fiduciary duty from the board to become untouchable themselves without paying just compensation
Remember, a government taking under the Fifth Amendment is legal by definition.
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