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Monday, October 10, 2022 9:57:42 PM
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"Mr. DeMarco was the Acting Director at FHFA from 2009
to 2014. He is the official who agreed to and signed the Third Amendment that imposed the Net
Worth Sweep that is at the heart of this case. Defendants cannot point to any other official who
had more knowledge or responsibility for the decision to agree to the Net Worth Sweep than Mr.
DeMarco. He is, therefore, the central witness in the case. His decision to agree to the Net Worth
Sweep has resulted in the GSEs transferring over $150 billion in value to the Treasury in excess
of the maximum that would have been transferred under the 10% senior preferred dividend that
the Net Worth Sweep replaced. It has nullified the rights of tens of thousands of private
shareholders, whose claims in this case are measured in the billions of dollars. It is not
unreasonable to expect him to make himself available twice."
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