BOMBSHELL. The FHFA takes advice from our negotiator and declines to file the proposed order of final judgment, that was requested by judge Lamberth, knowing that it would translate into an intent to commit a felony: a capital distribution, restricted when FnF are undercapitalized.
The key: it uncovers the Separate Account plan carried out since day one, because the dividend payments and the SPS LP increased for free as compensation to UST, are also capital distributions.
The FHFA has been repaying the SPS and recapitalizing FnF, with assessments sent to UST (all of it, as dividends are restricted. Cumulative dividend on SPS though), just like the FHLBanks in their 1989 statutory provision entitled: Separate Account, although they shamelessly use it to pay only interests, instead of using it also for repayment of the principal of the RefCorp obligation at maturity with the excess amount. The FHLBanks applied this excess amount "Credit due to FHLBanks", towards reducing the period of interest payments of the 40-year RefCorp obligation, as Funding Corp paid only interests, leaving the principal of the obligation unpaid (The FHLBanks are the Equity holders of Funding Corp, the entity that issued the 40-year bond), as set forth in the statutory provision (invested in zero coupon Treasuries, so it matches the principal of the RefCorp obligation at maturity)
With FnF, the assessments sent to UST were in the form of capital distributions, under the guise of dividends and gifted SPS (deception thanks to the FHFA-C's Incidental Power), which are restricted and cannot exist, using the exceptions to the Restriction on Capital Distributions in the law (U.S. Code §4614(e)) and the July 20, 2011 CFR 1237.12, besides the fact that they weren't actual dividends if there weren't earnings available for distribution as dividend, out of Accumulated Deficit Retained Earnings accounts (A company needs to replenish this account in the first place.)
A negotiation is about posting thoughtful in-depth financial analyses, that render the other negotiators' lawsuits, meritless.
A level playing field. This is why the litigants and their shills on social media are annoyed with the idea that there is another negotiator.
