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.
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
🇺🇸CONGRESS TO COMPEL THE @USTreasury/@WhiteHouse TO IMPOSE A GLOBAL RULE W/ REGARD TO M2 MONEY SUPPLY
We witness how Wall St and the #G20 Allies,tailor self-promotion schemes for #PresidentBiden:EV and #coronavirus,resp.The latter hinders this rule.
A TOTALITARIAN COMMUNIST RULER
Later,he just has to tap debt and,illegally, FnF, to pay for this scheme of economic devastation.
This rule is about accumulation of forex reserves through:
-Capital inflows
-External debt
-Exports/tourism
The more forex reserves, the more money is printed out by the Ctl Banks...
for circulation throughout the economy, at a ratio dollar-for-dollar increase.
The bondholders make sure that the Govts aren't reckless, otherwise it increases the prospects of default on the payments. So, the bondholders are the regulators of the politicians and not like today,
ALITO GOT IT WRONG CALLING THE 6TH AMNT "4TH"
SPS issued for free:
Initial $3b
SPS increased for free:
Dec2017,4th amnt: $3b in 1Q2018.NW=$3b,the rest swept to UST.
Sept2019,5th amnt:max NW=$20b/$25b,resp.
Jan2021,6th amnd:NW increases until Capital requirement is met.#Fanniegate
We see in the screenshots that the maximum amount of Net Worth they are allowed to hold, it's called Applicable Capital Reserve, like in the 3rd amndt.
But now, it isn't Capital Reserve as SPS for free reduce the Core Capital.
So,NW increase=SPS, not Capital.
NWS with other name.
Also,we see that the Jan 2021, 6th amndt to PA, isn't exceptional. The maximum Net Worth is increased, like in the 4th and 5th amendments.
Alito passed it off as a game changer that "eliminated the (Equity holders') injuries."
🚨JPS holders aren't FnF shareholders.@TheJusticeDept
INC POWER: IN THE BEST INTERESTS OF FHFA-C,NOT @FHFA
"Authorized by this section". It should've been Act,like FDI Act.Drafted by Calabria?
Power: S&S condition. FHFA chose solvent 1st(reduce SPS)instead of soundness(1st,Recap until Undercap for release,then reduce SPS)#Fanniegate
Other examples of this Inc Power:
-The best interests of FnF is recapitalization(earnings),but FHFA chose a prudent stance forcing them to over-reserve for future losses(more than 2x the actual credit loss through 2011),increasing the losses(SPS)
-Selling off loans to reduce risk
Multiple examples of what a conservator can do,instead of focusing on earnings.What also is behind the word "may".But once FnF post earnings (C. Capital),it's kept for Recap.
Scotus interpreted it w/ "in the best interests of the Agency and,by extension,the public it serves".Sick
THE SCOTUS OPINION CALLS THE NWS "PATH OF REHABILITATION"
It bought @TheJusticeDept's argument contending that the NWS was necessary to preserve the UST funding commitment,as the 10% div made(losses)FnF request draws from UST to pay it,depleting the funding commitment.#Fanniegate
The Justice mixed up the Authority of UST to Purchase Obligations (SPS) that HERA required the emergency determination(ii)to prevent disruptions in the availability of mortgage finance, with the rehabilitation of FnF, which is exclusively the FHFA-C's power: "Put FnF in a sound
and solvent condition".I.e.,Recap and reduce the SPS,resp,what the Restriction on Capital Distributions and exception B,are about.
He mentioned the deadline to purchase obligations under this provision(g):Dec 2009,related to the purchase,not future purchase w/ funding commitment.
ACTING @FHFA DTR,S.THOMPSON,SPENT 23 YRS AT THE FDIC BOD PRIOR JOINING FHFA IN 2013
HERA mirrors the FDI Act.Thus,it has the same:
1-Restriction on Capital Distribution:threadreaderapp.com/thread/1378953…
2-Conservatorship section:conservator's Power,Inc Power,etc.#Fanniegate@TheJusticeDept
FDI Act: 12USC1821(d); 12USC1831o(d)
1-In the link posted,it's explained that HERA amended the FHEFSSA to remove the Restr on Capital Distribution from each Capital classification(Conservatorship included)and put a single provision replica of the FDI Act,at the end of the section
Capital Classification,w/ the goal to conceal it,as in the FDI Act is a stand alone provision APPLICABLE TO ALL FIN INSTITUTIONS (IN GNRL)
2-@Scotus based its opinion on the Inc Power:any action...but skipped
"authorized by this Chapter":FDI Act
"authorized by this Act":FDIC rule