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Re: None

Tuesday, 05/07/2024 8:21:58 AM

Tuesday, May 07, 2024 8:21:58 AM

Post# of 794599
Didn't you ask for court news?
The revelation of the attorneys’ fees and nontaxable costs and expenses, better known as "the fat bonus" for their con job, is being postponed to the maximum by the allies: FHFA, the litigants and judge Lamberth.
The felony already happened with the jury award. This "Lamberth rebate" was included in the definition of capital distribution with the famous Final Rule of July 20, 2011 (CFR 1229.13 shown in the tweet below), thanks to an express grant of authority by statute in the number 3:


The FHFA doesn't have authority to override the law that states that capital distributions are restricted.
That's not what "in the best interests of the Agency" is about (FHFA-C's Incidental Power), because it isn't meant to turn a Federal Agency into an outlaw. Secondly, it isn't "authorized by this section" (FHFA-C's Rehab Power).

The key: it would expose the other capital distributions during Conservatorship:
-Dividends.
-SPS increased for free in the absence of dividends.
Both, number 1 in the definition of capital distribution.
Which makes us come to the conclusion that they've been assessments in the form of capital distributions, applied towards the exceptions in the law (pay down the SPS - statute- and recapitalization in a separate account - CFR1237.12-) in order to legalize those payments that went through despite the restriction.
An attempt to mimic the assessments sent into a Separate Account plan invested in zero coupon Treasuries, to reduce the principal of the RefCorp obligation, besides interest payments ($300mll annuity), in the 1989 FHLBs' bailout by Congress @ a rate with a 0.299% spread over Treasuries (GAO report).
With FnF, dividends are restricted, so the entire assessment was applied towards the reduction of the SPS.