Carlos said it well: The FHFA breached the duty as a conservator, when it paid dividends to the US Treasury resulting in the undercapitilization of the GSE's.
The regultions prohibit the payment of dividends which result in undercapitilization of the GSE's and that is EXACTLY what the FHFA did..they paid "dividends to themselves" resulting in undercapiilization of the GSE's.
While Cooper and Kirk are the best, it makes me wonder why THey DID not address this issue (even tho, it may not be necessary, and it "may" result in dirtying up the water).