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Wise Man

07/03/21 2:08 AM

#687682 RE: bcde #687675

You didn't understand the tweet. There's nothing wrong with a conservator deciding to act in its best interests at some point during the Conservatorship.
That's also what is behind the word "may" in its rehab (Recap) power.
A conservator is supposed to focus on stopping the bleeding first, make sure they are fully reserved for future losses, reduce risks, etc, and that could prompt more losses. There are other examples in the tweet.
The problem of that provision is that the Justice, like Sweeney, claimed that it's the best interests of the Agency, not what is written, the best interests of the Agency as Conservator. Very different.
Also both omitted "authorized by this section".
Act in the Public Interest depleting Capital is a breach of this provision.