SWEENEY LACKS KNOWLEDGE ON THE TYPES OF SECURITIES
She claims WaFd(common shareholder)can't identify an injury unique to them and applies Fairholme case(NWS),despite signaling the Warrant is 79.9% COMMON STOCK Beneficial Ownership & Fairholme is JPS holder.#Fanniegate@WhiteHouse
A common stock represents ownership interest in FnF. They own 100% of the company. Thus,they have a direct claim on the issuance of a warrant that is Beneficial Ownership (SEC rule)regardless of being exercised.
Fairholme's claim is derivative(NWS): the injury is suffered by FnF.
The Warrant is a Direct claim by the Common Shareholders,but Sweeney/@TheJusticeDept omit the Warrant to justify that their allegations are Derivative.
Sweeney labels the injury as an overpayment of FnF, just like an excess of dividend,when a Warrant isn't a dividend(retribution)
This mistake comes from what is stated at the beginning of the ruling: she claims that the Warrant was "surrendered in return for @USTreasury's funding commitment".Thus,as retribution.
The Warrant was ONLY authorized (iii)to protect the taxpayer (from SPS losses), not for profit.
(iii)to protect the taxpayer, is related to the authority that HERA gave to UST to buy securities, like a Warrant.She can't cherry-pick the law. Do you see that the Warrant is authorized for profit?
She also omits that the Charter bars ANY retribution to UST other than cheap SPS.
The TIPP-EX queen distorts the Plaintiffs' Takings claim, reducing it to allegations of being "deprived of their rights" (rightfully transferred to the Conservator), omitting that the lawsuit adds "disregard of PROPERTY INTEREST w/ oppresive Warrant +use of FnF for Public Policy"
BOTTOM LINE
She has no idea what a Warrant is and the effect it has. E.g.FnF publish earnings reports on a diluted basis,i.e., assuming that the warrant was exercised.
The alleged felony is ongoing, as the current shareholders are deprived of a 100% ownership interest on FnF too.
GIFTED SPS: CAPITAL DISTRIBUTION➡️COMMON EQUITY ESCROWED
Cash div on the Income Stmnt?👇Fraud. Neither a div nor cash.
GOAL:$0 EPS. It can't appear as OCI either.
A pure Equity transaction(Bce Sheet): SPS debited from RE in the absence of APIC. Both operations missing.#Fanniegate
The Income Stmnt would be correct if:
-A NWS div like before.
-FHFA-C activates the Cumulative feature of the SPS div, as Net Income attributable to Cs captures this div debited (payable) from Retained Earnings in the future.
It wasn't this case,but a payment TODAY of SPS,debited
TODAY (both operations missing on the bce sheet),regardless of the SPS redeemed for cash in the future, which is a different operation.
Bove provided the alibi of this, adding"a unique type of loan." It's SPS and it wasn't a div. Even if it were a stock dividend, same accounting.
$400B CAPITAL SHORTFALL OVER 205B C.REQUIREMENT
C.covers unexpected losses.
Actual C.shortfall posted=$304B,but an offset for $95B gifted SPS reduces Retained Earnings(C.C.).FnF evade it with fraud(SPS missing).Someone has to pay for it,like the initial $1B SPS👇
Joke.#Fanniegate
A joke is authorized in the FHFA-C's Incidental Power(FHFA's best interests) if the Common Equity is held in escrow, pursuant to the exceptions 1,2,3,4 in the CFR1237.12. I.e.,at some point, it'd be reversed(SPS cancelled)
Just like the 10%/NWS divs for SPS reduction(HERA)/Recap.
Finally,Capital Reserve/Surplus (bce sheet: the portion of Equity/NW above the Capital Stock)=$0
FnF pass $94B NW off as Capital Reserve(Retained Earnings)
In truth,that NW is the $94.7B SPS missing on their bce sheets(NWS 2.0)to evade the offset and sell the "build Capital" lie.
SECRET PLAN (THE LAW)
A $301B div (Core Capital) was used to repay the SPS and Recap, under the exceptions to the Restr on Capital Distr. SPS for free, a joke.
Unwound:
-SPS canceled
-$178B UST net refund
Both tax-exempt profit (C.C.)
-Warrant canceled.#Fanniegate@TheJusticeDept
Once FnF meet the threshold to resume the div payment,the cumulative div on the SPS repaid in 2013/2014, for FMCC/FNMA, resp.,is assessed 0%. Each "purchase" carried its own IRR. 0% due to the illegal collateral W (barred in Fee Limitation),security to (iii) protect the taxpayer.
UST hasn't purchased 1 security of FnF. It got the initial $1B SPS and Warrant for free and then,everything is INCREASED(fraud)
The initial gifts were illegal in the Charter +barred in the FHFA-C's power (C.C. reduction)
The W additionally credited to Additional Paid-In C.(fraud)
WRITE DOWN🆚WRITE OFF
The atty also requested "writing down the LP of the SPS to 0". Not only he didn't add that there must be a tax-exempt profit (Core Capital),but also he uses write down, used for an asset price reduction, but when it's reduced to...#Fanniegate@TheJusticeDept
zero, it's called "write-off",since there are no more incremental write-downs and it involves a credit to a profit acct.
Even a write down involves a profit, because SPS are obligations of FnF(debentures)
In this world,if you are pardoned debt,it's a profit for you.
The same they
are illegally increased (unique=ISSUED separately each time), he wants to simply reduce the price to zero and evade to record any profit (Core Capital)
The more Capital needs, the more stock offerings for the hedge funds and assault on the ownership. @WhiteHouse@SEC_Enforcement
THE ARTICLE ADVOCATES FOR KEEPING THE CHARTER
FnF arent't liquidity providers.That's the #Fed.FnF buy mortgages for a guaranty mortgage securitization biz.
Cross-subsidy:even the authors claim that it's a common feature among insurers."Now,considerably less".This is...#Fanniegate
because they realized that all the borrowers authorized in the Charter pose similar risk at origination, since the Charter's requirement is just LTV<80%.
They claim that the UST backup in the Charter,to "ensure their solvency", is a taxpayer subsidy, ignoring that the true backup
of FnF is their Capital Reserve ($252b as of Dec 2021 w/ the secret plan),as 4th layer of protection. The other 3 are:
THE CFOs' ILLEGAL ACCOUNTING MANEUVERS WITH THE SPS INCREASED FOR FREE (COUNT 3 & 4)
FnF report Comprehensive Income, not just Net Income.
What FnF do:
Not an expense result of operations
A change in Equity from nonowner sources
Distribution to a Preferred Stockholder.#Fanniegate
This is why FnF don't include it in Other Comprehensive Income for the Total Comprehensive Income,but outside the Comprehensive Income, as a distribution of income, like occurs with a cash dividend to the JPS/SPS holders.
This is misleading because the ending result is Net Income
attributable to shareholders, but it's also known as Net Income distributable to shareholders. By considering it like a cash div, there's no income left for distribution, when that's untrue. SPS increased for free means that there's no cash wire,so the Net Income is available for