R&R: A Commonsense Approach to Recapitalizing and Releasing Fannie Mae and Freddie Mac Bryndon D. Fisher
Quote: "All the calculations have been done and supported, so no one will be caught off guard if a judge (like Justice Thomas did during oral arguments in Collins) asks “How will we unscramble this egg?” It’s simply math your Honor, science will have nothing to do with it." End of Quote
Bryndon Fisher is a fraudster, for which we request damages. Just like all other plaintiffs and their law firms, accused of stock price manipulation, abuse of court process and making false statements, for the cover-up of the key statutory provisions pertaining to FnF and outright lies, like "HERA confers on FHFA broad authority". FHFA has limited powers, as stated by the Law Professor Nielson, the SCOTUS-appointed amicus representing the FHFA during the oral arguments in the Collins case. An independent professor who spotted their original UST backup right away: In the scenario of no dividend payments to anyone, the Book Value that corresponds to the shareholders (Common Equity) per stock is: $FNMA = $103 $FMCC = $153 This is the only scenario that corresponds to this lengthy Conservatorship. Any resolution that harms this stock valuation, we'd be talking about people acting against us, directed by world-renowned hedge fund managers and Investment Banks. These people later call themselves "heroes", like Bradford.
Release Undercapitalized (Capital Classification): when the Core Capital is greater than the Minimum Leverage Capital requirement. It was a mandatory release in the FHEFSSA struck by HERA, but it's been recovered by our negotiator. Then, FnF should have been released from conservatorship with the 3Q2021 results in November 2021. Also, it contemplated the release at the discretion of the FHFA with a Capital Restoration Plan, so FnF should have been released, for instance, once the SPS were fully repaid in late 2013 in Freddie Mac (watch my signature image below) and end of 2014 in Fannie Mae, or soon after. Primarily, because a Conservatoship is temporary. It's meant to fix their operations and put them on the right path. 15 years and counting is so extraordinary, that what lies behind is stock price manipulation for the assault attempt on the ownership by the Govt, the hedge funds JPS holders and the company (ICBA, BLK, etc.) This is why the payment of Punitive Damages is of supreme importance.
This scenario of dividend suspension (Retained Earnings is core capital and part of the Common Equity), is what the Separate Account plan is about. The Common Equity is held in escrow, using the exceptions to the Restriction on Capital Distributions in the law (Reduction of the SPS) and in the CFR 1237.12 (capital distribution for their Recapitalization, that is, depleting capital to build capital, which is only posible with Separate Account Management. Notice the conundrum? In this world that's called corrupt rulemaking, because the capital is built in-house, that is, on their Balance Sheets) "I know math", Fisher wrote on this message board. The guy that always wants to be in the spotlight, like when he insisted to go to the Appellate court, when Sweeney only allowed Fairholme as lead plaintiff of the 11 related cases, until Sweeney had no other option than to let him go but as Amicus. I don't think that this has ever happened before in history. Embarrassing to see him filing Amicus briefs to prove that he is smart and Pagliara's subordinate, Guido, praising him on this board regularly. Fisher now seeks a declaration of Takings, so that everything is settled with an out-of-law and out-of-finance agreement, where some debts (SPS) are pardoned 15 years later, Zambia-style, others stay to show a haircut that the JPS would mirror, according to Mnuchin in Calabria's book. Not in a million years when the resoluton is outlined in the statutory provisions that they cover up from the onset and others were misinterpreted by the Judiciary, that point at a Separate Account plan that legalizes them. There won't be neither do-overs nor forgiveness plans. We are here to legalize all the illegal actions since day one.
In the meantime, the earnings are earmarked for the Common Equity as always (signature image) and the Punitive damages have been assessed at 1% IRR on a $50 JPS, so the gang plaintiffs - the Govt, is hurting itself with this lengthy conservatorship. Because the SPS increased for free nowadays, are a capital distribution, restricted and the exception that we apply to legalize it, is: "for Recapatilzation" (CFR 1237.12), that is, the Common Equity is held in escrow as before, complying with the FHFA-C's Rehab power. These gifted SPS even come with a bonus because there is Financial Statement fraud with these SPS that are currently missing on the Balance Sheets for their lie with the slogan: "FnF continue to build capital" (if these SPS are posted, they carry an offset with reduction of Retained Earnings -Core Capital-), besides Accounting fraud with a charge on the Income Statement to stage $0 EPS evey quarter, because stock price manipulation is the driver of their actions. 8 Securities Law violations in total (SPS increased, instead of issued. CRT. Etc.)
Finally, calling these corrupt attorneys "patriots", which you have done before while praising them, is an insult to the American people. It comes from you, another attorney, which only proves that the camaraderie among the attorneys (The DOJ's attorneys and the SEC's, included) is the heart of the matter, aiming to share the booty between the JPS holders and the Government, and it's sickening. I expect a swift reaction by the authorities against it and against these crooked attorneys to blame for the Fanniegate scandal. $8 per stock from each counterparty (the plotters peddling the Govt theft story and sponsors, and the DOJ) in Punitive damages would be a good all-in settlement. $19.5 billion each.
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