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Re: None

Saturday, 11/18/2023 1:47:21 AM

Saturday, November 18, 2023 1:47:21 AM

Post# of 796413
FHFA's Sandra Thompson now shows outrage for the idea that valuable regulatory capital of the Government-Sponsored Enterprises will be allocated to the corrupt attorneys, and she requires to see the plaintiffs' proposed plan of allocation beforehand.
Also, it proves the fact that she has the intention to commit a felony: this payment of Securities Litigation claims, is a capital distribution, restricted when FnF are undercapitalized. Once spotted, it uncovers the Separate Account plan, as dividends and today's SPS LP increased for free, are also capital distributions restricted in the same statutory provision, U.S. Code §4614(e). Thus, the exceptions to this restriction kicked off. The outcome is that the Common Equity is held in escrow and the Equity holders didn't suffer any damage, other than Punitive damages. But it wouldn't be the case for this payment.

This happens when you use the United States courts, colluding with hedge funds that act as counterparty in the phony court proceedings, in a plan to save the image of the FHFA (The use of courts for a PR campaign), in its clear Separate Account plan according to the law, a plan that already happened in the past with both ST and DeMarco (1989 bailout of the FHLBanks: statutory provision entitled Separate Account) and corroborated by justice Alito ("Rehabilitate FnF", which has only one meaning in a financial company, adding the case for actions that may increase losses or risk "beneficial to the public", instead of the text as it's written: "in the interests of the FHFA". So playing with the word "beneficial" and "Federal Agency/the public", but the Incidental Power he was referring to, was never meant to authorize taking their regulatory capital away. That's not "authorized by this section") and judge Willett (5th Cir.) that explained what justice Alito missed, in a prior ruling over the same case ("Any action within the enumerated powers": Rehab power)
This is why it's been determined that both judge Willett and judtice Alito were synchronized. One interpreted the first part of the Incidental Power ("Take any action authorized by this section,...."), the latter the second part ("...in the best interests of FnF or the Agency"). But both parts must be considered together.

The conservator saw an opportunity to use this Incidental Power for a Separate Account plan that is financially rehabilitating FnF, and mislead about it "in its best interests".
Good for you! At some point, the conservatorship will be over, the Separate Account, unwound, and the powers and rights returned to the Equity holders, the management and the BOD, as usual.