The warrants served as a means to help recoup money invested within the companies, not as an open option to expropriate hundreds of billions of dollars long after the loan has been repaid. The warrants at the onset of the conservatorship were not unconstitutional, however given the present circumstances and the fact that the US Treasury has been made whole plus 70 billion, the execution of them now would certainly fall into the category of an unconstitutional taking. The courts regarding this matter would look towards legal precedent to determine what should be considered a reasonable expectation on return of investment. FDIC conservatorships, which HERA conservatorship provisions were directly modeled after, will provide the necessary legal procedural history.
Please show me anywhere in the history of conservatorships where the conservator was allowed to expropriate 100’s of billions of dollars from the companies and shareholders under conservatorship. Please show me anywhere in the history of conservatorships where a conservator conducted itself in the manner that FHFA has with utter negligence and disregard in their fiduciary duties to protect and conserve the assets of the companies under conservatorship.
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