Wednesday, September 13, 2023 2:54:57 AM
The informaton about the scheduling in the Lamberth court was already made public on August 31.
So, we already knew that next Monday, it's scheduled a brief.
The attorneys want to pass the delay in the judgment as a period of discussion about the prejudgment interests, when the reality is that the judge doesn't have to hear from the parties on this issue and they attempt to cover up that the delay was caused by the ORAL MOTION TO DEFER ENTERING JUDGMENT by the FHFA's Wall Street attorney on the verdict-day.
This is because he realized that the payment of this Securities litigation judgment is restricted when FnF are undercapitalized in the famous FHEFSSA's Restriction on Capital Distributions, as the FHFA added this item to the definition of capital distribution through the 2011 Final Rule in the 12 CFR §1229.13, and authorized in the law to do it.
Thus, the FHFA's attorney sought to keep this restriction from the public with the delay, that would have exposed that capital distributions are also dividends and today's gifted SPS as compensation to UST in the absence of dividends (read the definition posted above), and the Separate Account plan would have had to be unveiled, that is using the exceptions to this restriction (reduce the SPS and recapitalization) to comply with the FHFA-C's Rehab Power.
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