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Re: FOFreddie post# 780033

Friday, 12/29/2023 2:19:07 AM

Friday, December 29, 2023 2:19:07 AM

Post# of 794565
No one should have expectations of getting Lamberth damages.

JPS should pay PAR plus Lamberth damages.


The plotters at the FHFA and its Hedge Funds guard, think that they have created "an outstanding obligation to be honored" with the farce of the jury's verdict, aiming to get back dividends on a non-cumulative dividend JPS, recorded on Core Capital, precisely, to absorb losses in Capital Adequacy matters (either to directly absorb the Comprehensive Losses in the period or to restore regulatory capital, like all other items therein: Retained Earnings account, Additional Paid In Capital, etc). What the suspension of dividends is for: restore capital.

The same excuse with the theme of "honor", was utilized in September 2008 to illegally authorize the payment of dividend on the JPS for the third quarter of 2008. (Source). The dividend was declared, but not paid, before Fannie Mae was placed into conservatorship. Then, it's restricted by law and it supersedes the JPS contract with FnF.

The gang is waiting for the release from conservatorship to disburse this payment, so the real reason why this payment is being withheld, goes unnoticed, which is because this capital distribution is restricted when FnF are undercapitalized (IN GENERAL), U.S. Code §4614(e).
Just like all other capital distributions, exposing the Separate Account plan, because of the dividends and SPS LP increased for free have gone through despite being restricted.
Definition of Capital Distribution 12 CFR 1229.13:
1- Any dividend and today's gifted SPS.
2- Stock buybacks and repurchase of Preferred Stocks.
3- Payment of Securities Litigation judgment in the Lamberth court.

And, notwithstanding that the capital requirements are met with Core Capital (adjusted $-194 billion), not with the Net Worth. So, how is it possible to have expectations of release from conservatorship?
No problem! They just need a few crackpots claiming otherwise 24/7, about minimum capital requirements met with the Net Worth, or that it isn't a minimum but a limit, so we are good to go, and using the flag of "free speech".
A whopping adjusted $402 billion core capital deficit over Minimum Leverage Capital requirement ($284 billion officially posted on the ERCF tables), as of September 30, 2023.

"Restricted" means that this payment of Securities Litigation judgment shouldn't even have been booked in Q3, as seen reflected in "other expenses", which has already deprived FnF of capital and thus, a breach of this restriction, because of the financial meaning behind it: restore/build regulatory capital (Capital adequacy matters). Enough with the rogue attorneys and their tricks, thinking that they are complying with the restriction if the capital hasn't been disbursed yet.
It will be "unbooked" once judge Lamberth rescinds his order.

A Lamberth trial, epitome of corruption, with:
- Illegal defendants FnF (without powers)
- Illegal Class Action (the absence of the FNMA holders doesn't make the CA resolve the controversy, a prerequisite for CA)
- Phony claim of damages: the 3rd amendment is authorized if the capital distributions, under the guise of dividends (unavailable funds for distribution with Accumulated Deficit Retained Earnings account), are applied towards the reduction of the SPS (assessments sent to Treasury. 1989 FHLBanks-style). Once fully repaid, with the July 20, 2011 CFR 1237.12 (Time Limitation of acting director DeMarco), it's applied towards the recapitalization in a Separate Account. This is the "rehabilitate FnF" required by justice Alito and judge Willett.
- Phony amount of damages, with the one-day share price drop.
- Absence of the FHFA director during the court proceedings in a case against FHFA.
- The ongoing real damage with the SPS increased for free, has been conveniently omitted: same Common Equity Sweep as before (instead of through a dividend to Treasury, through the offset attached to the increase of SPS LP for free)

The thing is that the Separate Account plan renders all the lawsuits, meritless. The dividend was impeccably suspended and nowadays, the 3rd phase, the gifted SPS are a joke "in the best interests of the Agency" as well (SPS LP increased in the same amount of the Common Equity increase in the quarter. So, the Common Equity necessarily is held in escrow to uphold the FHFA-C's Rehab power and the aforementioned Restriction on Capital Distributions)

The authority of FHFA in the law, isn't about breaking the laws at its will.