InvestorsHub Logo
Followers 19
Posts 2921
Boards Moderated 0
Alias Born 01/25/2020

Re: navycmdr post# 790651

Sunday, 03/31/2024 2:16:23 AM

Sunday, March 31, 2024 2:16:23 AM

Post# of 794424
Navy Hedge Fund "Hi Ron"-Attorney Hamish sent emails each other frequently.
For instance, here with Samuel Kaplan, a partner in the same law firm.
Now, he stages that he is no longer friend of this attorney, due to his threat "the government will appeal" recorded in audio tape and made public online when the market was already closed, yet Navy Hedge Fund is crying out loud hysterically to make his point. Dude, get a grip.
The court cases are irrelevant during a Conservatorship to begin with.

Because the hedge funds own the FHFA, now the hedge funds dare to talk on behalf of the government, telling us that it will appeal. They even disregard that the FHFA is an independent agency of the Federal Government and that it was acting as conservator in an "implied in fact contract claim" against the issuers of the securities (FnF), because it was a claim that emerged from the retention of securities (This is why the award is taken from the enterprises), as explained by the FHFA in the preface of the famous July 20, 2011 Final Rule (This payment was declared a capital distribution. CFR 1229.13, thanks to an express grant of authority by statute 12 U.S.Code §4502(5)(A), like dividends and today's SPS LP increased for free), where it stressed that this payment of securities litigation judgment is PROHIBITED, arguing, precisely, that it would violate two of the statutory provisions covered up by all the litigants, and the grounds of the Separate Account plan (This masterpiece serves as explanation of the entire Conservatorship):
-Restriction on Capital Distributions.
-FHFA-C's Rehabilitation power: Put FnF in a sound and solvent condition.


This payment isn't up to the conservator's discretion as it claimed later (CFR 1237.13), presumably with the CFR 1237.12, primarily because this one expressly states in (c) that it supplements and shall not replace or affect the statutory Restriction on Capital Distribution (U.S.Code §4614(e)).
A capital distribution is restricted when FnF remain undercapitalized. End of the story. There are no "superpowers". A conservatorship isn't meant neither to break the existing laws in force, nor to create a shadow Housing Finance System.

It's obvious that the FHFA won't appeal because it's been a frivolous lawsuit brought by the hedge funds in collusion with the FHFA, aiming to blame DeMarco and conceal the Separate Account plan, in order to hold up their government theft story.

Sandra Thompson urged Berkowitz (Fairholme Funds) to remove her as defendant in a case against the FHFA where she is the director.


Then, DeMarco, who is no longer an employee of the FHFA, was compelled to appear in court and file briefs on behalf of FHFA.
This is beyond abuse of court process. It's a con operation.