Saturday, March 09, 2024 2:52:17 AM
You have to back it up with a statutory provision.
The SPS are the taxpayer's assistance to finance their operations as a last resort, as contemplated in the Charter Act dynamics, that must be repaid fast.
FnF are not ordinary businesses.
They were repaid through the exceptions to the Restriction on Capital Distributions and the fact that no Earnings were available for distribution as dividend, out of an Accumulated Deficit Retained Earnings account.
Therefore, FnF sent, in reality, assessments to the Treasury, 1989 FHLBanks-style (statutory provision entitled SEPARATE ACCOUNT FOR THE REPAYMENT OF PRINCIPAL OF THE OBLIGATION) in the form of capital distributions and under the guise of dividend payments (NWS dividend, the fastest speed to that end, as the 10% dividend prompted the "death spiral": in many quarters, the dividend was the reason of the capital deficiency (negative Net Worth) and subsequent draws from the Treasury 1:1 SPS LP increase, draining the Funding commitment. The NWS dividend solved this issue. Similar to the FHLBanks bailout, when they didn't have to send the assessment to a Separate Account, when they posted losses.)
The FHFA-C's Incidental Power allows it to mislead the world "in the best interests of the FHFA", if the endgame is the financial rehabilitation of FnF, as literally stated by Justice Alito ("Rehabilitate FnF....") and judge Willett ("Any action within the enumerated powers": Rehab power).
Judge Sweeney (CFC chief judge at the time) was more rogue in a prior ruling. This is why the 5th Cir. and the Supreme Court came to debunk her flawed ruling, after watching that she was being called "The Tipp-Ex Queen" on social media, because she simply erased the "authorized by this section" in "take any action authorized by this section".
We cannot lose track of the statutory provisions, like the U.S. Code §4614(e), FHFA-C's Rehab power, Charter's Purposes/dynamics,.... and regulations: CFR 1237.12 that "supplements and shall not replace or affect the one by statute" in a 2011 Final Rule "for the transparency of Conservatorship" (Tweet below).
Let alone the mandate to UST to come out with "recommendations on ending the conservatorship" and its Report to Congress as a result.
Likewise, we cannot lose track of each amendment of the Purchase Agreement: it's very important when, what and why was done, playing with the "Applicable Capital Reserve" that continues through today.
For instance, this is my post yesterday, explaining that Mnuchin and Trump are the masterminds of the 3rd phase of the Separate Account (SPS LP increased for free. Also that these gifted SPS LP and its offset are missing on the Balance Sheets) and the scam of capital requirements met with Capital Reserve, adding an additional evidence in the next post: Mnuchin Treasury recommended Congress to repeal the FHEFSSA definitions regarding Capital adequacy.
Also it explains the 3rd, 4th, 5th and 6th PA amendments.
We cannot allow Fanniegate to come down to "layman's terms" for a cattle market-style negotiation, also known as chess game (Gimme that I give you that. You do that, I do that. Dothat, dothat. Dothatdothat,...), which is what the footman Guido and Bryndon Fisher are up to, under the orders of their boss, Pagliara, making the legal defense for the corrupt litigants that have deliberately waived the financial concepts behind (Felonies of Making False Statements and stock price manipulation), even it's been done shamelessly, with Gary Hindes removing the breach of FHFA-C's "statutory mission" (Rehab) in an amended complaint (PROOF), when he realized that the 10% dividend that he defended was the same breach and was told to amend it and that the Supreme Court was activated to play with the Incidental Power instead: "Beneficial to the FHFA", instead of what is written "best interests of the FHFA", to play the hedge funds' game of a Govt theft story (monetary benefit) and their paid shills: Guido in his daily tweets harassing the lawmakers when he replies to them with: "WE'VE BEEN ROBBED! Weeee!".
That's the taxpayer's assistance you are talking about. Fair value=all of it.
— Conservatives against Trump (@CarlosVignote) March 8, 2024
SPS 1:1 draws from UST, fully repaid as of end of 2013/2014 (FMCC/FNMA). Phases 1/2 (10%/NWS divs) using the exception to the Restr.on C.Distr.
The rest(gifted SPS),a joke. Phase 3:For Recap.#Fanniegate https://t.co/xPb2F1LyBe pic.twitter.com/tPEcH77RmG
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