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Wise Man

08/06/23 3:23 AM

#761508 RE: Robert from yahoo bd #761500

You can't end your comment with: "but I haven't looked into it". Also known as playing the fool.
Your comments come out after a morning of legal couseling, afraid of a S.E.C.'s prosectution. This is why now you make a reference to DeMarco with "Eddie". You have created a fictitious damage (NWS dividend) and then, you blame DeMarco for it, while advocating the 10% dividend that depletes their capital too and leave FnF heavily damaged with the plaintiffs' stance. So, there is other side with these "dividends", as set forth in the law.
The FHFA is a Federal Agency even when it's acting as conservator of private corporations like FnF. The DOJ, that is, the government, is always vicariously responsible of its actions.
But in Fanniegate, you can't say that the FHFA's take in court is the government's, primarily because it has refused to be represented by the DOJ, as it should be.
It's represented by the private law firm Arnold & Porter LLP, whose attorneys can't be called government attorneys. They are Wall Street attorneys that happen to represent a Federal Agency. A telltale sign of their crazy stance in court: "mandatory dividends on SPS", instead of cumulative dividends, restricted by law and unavailable funds for distribution as dividend, out of a Retained Earnings account with deficit all along (a dividend is a distribution of earnings. They aren't interests)
The law only states that the FHFA director appointed the FHFA, conservator.
Further comments about their shoes, character, etc, by Justice Kavanaugh, etc, are unnecessary.
FHFA is always a federal agency with a clear mandate when acting as conservator: put FnF in a sound and solvent condition.
This is why the DOJ has to intervene immediately. A government not only is compelled to execute the laws faithfully, but also the payment of a voluntary compensation for Punitive damages when appropriate.

The U.S. Treasury is also a party in the Lamberth court, according to Pacer, represented by the DOJ attorneys. Mainly, it attempts to avoid a confidential settlement of the 8 Securities Law violations during conservatorship, between Fairholme and FnF.
Defendant
DEPARTMENT OF THE TREASURY
Represented By
Thomas David Zimpleman
U.S. Department Of Justice
contact info
Joel L. McElvain
U.S. Department Of Justice
contact info