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Wise Man

02/25/23 2:42 AM

#749467 RE: Robert from yahoo bd #749451

You continue to conceal that the NWS was a dividend on SPS.
Just like the 10% dividend, they weren't actual dividends due to:
- The Restriction on Capital Distributions (like dividends and today's SPS increased for free as compensation to UST. -Exceptions-), in the FHEFSSA as amended by HERA, to meet Capital adequacy levels.
- Suspended by the conservator to that end.
- Paid only out of legally available funds (written in the SPS certificate), which were none (deficit in the Retained Earnings account). A dividend is a distribution of earnings after taxes. There is no such thing as "mandatory" dividends, as the private law firm representing the FHFA stated in the Lamberth's court.

Then, knowing that they weren't actual dividends, but capital distributions to UST and also, that the FHFA has used a separate account already, invested in zero coupon Treasuries (FHLBanks' 1989 bailout), then we necessarily have to apply these capital distributions towards something, like the exceptions to the Restriction on Capital Distributions in the FHEFSSA (to reduce the SPS) and, in the July 2011 CFR1237.12 (for their Recapitalization and Capital Reserve). Allowing to deplete Capital for the Recapitalization (huh?), is a separate account wording in the FHFA regulation.
Finally, taking into consideration the other 3 statutory provisions that the corrupt litigants cover up in court:
-Special borrowing right from UST in redeemable obligations, at a rate similar to Treasuries (Charter), FHLBanks' bailout style, useful for its cumulative dividend SPS (obligations in regard to capital stock)
-The FHFA-C's Rehab power (FHEFSSA): recapitalization and reduce the obligations in: "May put FnF in a sound and solvent condition". "May" is about activities that may reduce the profitability, increase risks, etc, as Freddie Mac stated, that can be used as an example:

"May" doesn't mean that the conservator is excused from complying with its Rehab power, by syphoning the profits (Core Capital) of the conservatees off to the Government (or increasing the SPS for free)
-The Fee Limitation of United States (Charter): prohibition of using the assets and securities of FnF to make money, other than the small rate on the UST backup mentioned.

... what we have witnessed during 14.5 years is a Separate Account plan that, under the guise of "dividend payments", was as fast speed scheme to reduce the SPS and recapitalization. The NWS dividend is the fastest pace to that end, as the 10% dividend increased the losses and subsequent SPS (Death spiral)
The key: a separate account is authorized in the conservator's Incidental Power: "any action authorized by this section, in the best interests of FnF or the Agency."
"Authorized by this section" is where is stated where the funds can be applied towards, and judge Sweeney and the Supreme Court omitted it. So, they just said that the funds sent to UST are authorized by the FHEFSSA, but they didn't say that they are considered appropriated funds for Government spending. So, they are held in escrow.
Finally, today's SPS increased for free, which aren't a dividend to begin with, but a compensation to UST approved three weeks after judge Willett said that the FHFA exceeded its powers with the NWS dividend, are considered a joke by the conservator using the same Incidental Power, because it just hands out the Common Equity to UST (held in escrow) reducing the core capital of the enterprises (Retained Earnings) and it's substituted for SPS (a NWS 2.0), concealed with Financial Statement fraud (these gifted SPS do not appear on the balance sheet, to evade recording the offset with reduction of Retained Earnings, in order to peddle the lie of "FnF build capital" and even the attorney Thompson can claim damages in court based on this lie -Rop case-)
Also, the fact that the FHFA keeps the $20.5 billion PLMBS lawsuit settlement, is another evidence of a separate account, and Common Equity (Retained Earnings) held in escrow.
Deferred Income? More core capital in limbo (held in escrow)

BOTTOM LINE
Then, everything has been done according to the Law.
We can only claim damages for Securities Law violations, like the SPS increased, instead of issued and purchased. Financial Statement fraud (SPS missing). Accounting fraud (charge on the Income Statement for $0 EPS)
The Major Question here is, why can't you say the word dividend?