FHFA can't submit the proposed order of final judgment on November 14th at the request of judge Lamberth, because it involves the payment of a claim considered a capital distribution by the very FHFA in its July 20, 2011 Final Rule, when it amended its definition to add it up in #3. It would be considered that it's formally proposing the commission of a felony, which couldn't have been said before, regardless that there is no final court order yet. This intent to commit a felony makes this illegal act worse, when we assess the grade of culpability of this Federal Agency. Restricted in the FHEFSSA's Restriction on Capital Distributions when FnF are undercapitalized (U.S. Code §4614(e)), just like: #1. Any dividend and today's SPS LP increased for free as compensation to UST in the absence of dividends. #2. Stock buybacks. The Separate Account plan comes to the surface, because those payments mentioned in #1, existed, and we are using the exceptions to the restriction, to legalize them. Besides, there was no money for distribution as dividend all along. It was explained here.
The fact that FHFA's DeMarco enacted in this Final Rule the 2nd phase of the plan (Recap outside their balance sheets. CFR 1237.12) with an effective date exactly on the Time Limitation as Acting Director, proves the intent to make sure that every subsequent action is legal (NWS dividend and today's gifted SPS), beginning with upholding his power of Rehab, whether he wanted or not.
If they thought that, as U.S. official, they can steal money from private corporations and get away with it, because later on, the Congress will approve something else, they failed, because everything is adjusted and the outcome is that, with the "take any action" in a law, they chose lying and mess around in the administration of a simple Conservatorship, with the collaboration of reckless attorneys in the coverup in court of everything else. Besides lack of professionalism, I don't see any scenario where the FHFA can survive. It's owned by the Investment Banks and hedge funds.
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