DaJester
7 hours ago
Bro. The SPS, LP, repaid, or cancelled was not even addressed. There is nothing from the jury that says "those things are great, we legally bless them." The award is strictly damages as a result of the breach of good faith and fair dealing.
Of course, I'm suggesting it is in FHFA and Treasury's best interest to halt further actions that could also be deemed a breach of good faith and fair dealing with shareholders. But no, I'm not saying the jury is compelling this. This is also different than Takings. Continued breaches can yield further damages. My road through the yard is perhaps a bad example in this instance. How about toxic waste dumped in your neighborhood instead... Neighborhood gets upfront damages awarded when taken to court. If they decided to keep dumping crap in the future, then there could be additional damages. Just because they had to pay damages the first time they dumped waste, doesn't mean that your neighborhood should now expect it - and they can continue dumping. Better?
Wise Man
8 hours ago
No, they can't "reclassify" something that happened in the past. It's like changing history.
"Take any action" includes misleading to the public "in the best interests of the FHFA", and "authorized by this section" because it's destined to put FnF in a sound and solvent condition (FHFA-C's Rehab power).
The dividends existed despite the restriction and they've been applied towards a different end.
It's the only way to legalize the capital distributions that were restricted, and legalize them at the time of the disbursement.
You advocate 16 years with unlawful capital distributions and it's today when you fix it retroactively. Likely, because you are a rogue litigant that has filed frivolous lawsuits. Am I wrong?
This is how the SPS were paid off in early Conservatorship, as seen in my signature image.
Finally, regarding Fairholme, I wanted to highlight that Fairholme asked about the same thing that I've just pointed out.
The very Separate Account plan: whether the dividends were applied towards the reduction of the SPS, and thus, they weren't truly dividends.
I didn't want to highlight that there are documents out there about the Separate Account plan, that no one cares about, because the key is that it's set forth in the laws and regulation. Keep those docs.
DaJester
8 hours ago
"With a "reclassification" at the time of each dividend, you transmit the idea that the dividend can be approved, when it's unlawful. This way, the litigants and others are exonerated of the fact that they missed that a dividend is restricted."
Unlawful or not, the dividends happened. Now they could come out and say "just kidding" none of those were dividends, we didn't even classify them as dividends at the time and we were just lying to you, because we are from the government, and we can. Possible, but I just don't think that is as likely as - they were dividends at the time, and they can later reclassify them if they choose to be more compliant with the laws.
"Fairholme withdrew this motion when he was aware that he was asking for documents that would prove the existence of a Separate Account plan. Source. So much for the "hidden documents."
Unless you know what these sealed and hidden documents are, they are not evidence of your Separate Account Plan. As much as I hope you are right, I just don't see any hard evidence.
the NWS goes on today, with another capital distribution restricted: the SPS LP increased for free in the absence of dividends. The same Common Equity Sweep as before with the dividends. The only difference is that now it gets substituted for SPS in the Net Worth, so the NW grows.
I totally agree with you here - the Net Worth Swipe has not ended, it just shifted from Cash to LP. This is why after the Lamberth ruling, I expect something needs to be changed or re-written. If the cash sweep was a breach of the Shareholder agreement, then so is the LP sweep. This needs to become more visible and obvious for FHFA and Treasury to be compelled to fix it.