IS IT FRAUD
This story starts with the 3 primary goals set by the Obama Administration. The first goal was to rebuild the Economy, the second was to pass and implement a national healthcare act, and the third was to reform housing finance. Obama inherited the Conservatorship of FnF from the Bush Administration. The Conservatorship began on September 8, 2008. While still in the Bush Administration on Oct 13, 2008 with the publishing of an article by HousingWire shows the interrelationship between TARP programs and FHFA. This article proves FnF were used as tools to fix problems not of their making, they were used to launder troubled mortgages. In early October 2008, FnF were directed to purchase $40 billion monthly of toxic mortgage bonds from TBTF banks. This would be a breach of normal conservator statutory duties. Keep in mind the purpose of a conservatorship is preserve and conserve the company’s assets and operate in a sound manner. The purchase of toxic mortgages was completely foreign to the “sound manner” statute of normal conservatorship operations.
See:
http://www.housingwire.com/articles/fannie-freddie-purchase-under-performing-mortgage-bonds
GSE’s Fannie and Freddie are set to purchase monthly $40 billion in under-performing mortgage bonds, according to a Bloomberg report Saturday. The move incensed more than a few of HousingWire's key sources. "So this is why they wiped out shareholders in the GSEs? So the government could use the GSEs to take on toxic mortgage debt?" asked one source who wanted to remain anonymous. "The private GSEs would have stayed far, far away from this market, because all it will do is pass losses on to taxpayers via the new GSE conduit." Think about this carefully, the government has portrayed FnF as being on the brink of collapse, so within a month after being put into Conservatorship they are directed to purchase $40 billion per month of the most toxic mortgages in the nation. This is not how a conservatorship has ever been handled before....ever. This by the Bush Administration.
Why did this happen? Because TBTF (Too Big To Fail) banks were about to crater due to the large amount of toxic mortgage debt on their books. The solution was to have FnF purchase that debt at par value, saving the banks from collapse. (Subsequent to this, FHFA sued those institutions who misrepresented the quality of their mortgages and recovered approximately $142 billion in settlements which were sent to FnF then collected by Treasury in the Net Worth Sweep). In the 2012 report to Congress from FHFA acting director Demarco he stated FnF had performed more than 10,000,000 mortgage loan modifications to eliminate predatory aspects of the mortgages and keep people in their homes. When people couldn’t be kept in their home, the homes were foreclosed, cleaned up, and sold at current housing prices. This is what created the need for $183 billion in draws from the Treasury.
During this time, the Obama Administration was working hard on their 3 primary goals, and the part which concerns us was to reform housing finance. In February of 2011, the Obama Administration thru the Treasury Department and HUD introduced the white paper “REFORMING AMERICA’S HOUSING FINANCE MARKET - A REPORT TO CONGRESS”. https://www.treasury.gov/initiatives/Documents/Reforming%20America%27s%20Housing%20Finance%20Market.pdf
On page 2 this report it states: “The Administration will work with FHFA to develop a plan to responsibly reduce the role of the Fannie Mae and Freddie Mac in the mortgage market and, ultimately, wind down both institutions.”
The problem with this directive is it was just a White Paper! White Papers are information sheets given to Congress to understand complex issues. They carry no statutory strength. That didn’t matter to the Obama Administration, they proceeded with it like it was law passed by Congress. Again, it wasn’t law at all.
This is a significant point where the Obama Administration begins to break the statutes of HERA which Congress passed to create FHFA and give that entity power to put FnF into Conservatorship. To create their own new mortgage finance system the Obama Administration must first eliminate the system that is at the heart of the existing mortgage system….Fannie and Freddie. Assuming that they have the authority to make such a move is where they run afoul of HERA and where the racketeering fraud begins. In case you wandered, by law, racketeering is where more than one entity works with one or more other entity to create a deliberate FRAUD or deception to secure unfair or unlawful gain or to deprive a victim of a legal right. In this case, the Obama Administration, the Treasury, HUD, and FHFA work together to break the statutes of HERA, planning to eliminate FnF, denying shareholders of their rights. This includes breaking the Fifth Amendement to the Constitution which states, “No person shall….. be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”. Fannie and Freddie are still the property of the equity shareholders, even when in conservatorship! Under conservatorship, the conservator assumes the rights of the shareholders, but does not become the owner of such property. Also, the shareholders were denied due process of law.
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It is about to be shown that the Obama Administration didn’t start this deception, oh no, it was a part of the Bush Administration from the very first day! The Obama Administration just took it to the next level. Here are the actions the Bush Administration took. HERA (Housing and Economic Recovery Act) was created by Congress.
https://en.wikipedia.org/wiki/Federal_Housing_Finance_Agency
Make any payment to purchase or redeem its capital stock, or pay any dividends, including preferred dividends (other than dividends on the senior preferred stock)
Issue capital stock of any kind
The right for the FHFA
Director to do all these things was established by HERA, and that right was
only assigned to the Director with the distinction that these activities would
be independent of the supervision of any other governmental agency, and they
could not be tasked to any other member of the Oversight Board, and here, the Treasury demands that the
Director transfer those controls to the
Treasury Sec. before funding is allowed to take place. This breaches HERA’s statutes by allowing the
Treasury to establish supervision of
FHFA when FHFA was to not be subject to supervision by any other governmental
agency and by requiring that Treasury be given ultimate control when duties of
the Director cannot be transferred to any other member of the Oversight Board
of which the Treasury Sec. is one.
These controls ultimately led the
Treasury and HUD to authoring the white paper “REFORMING AMERICA’S HOUSING FINANCE MARKET
- A REPORT TO CONGRESS in February of 2011” where Treasury states: The
Administration will work with FHFA to develop a plan to responsibly reduce the
role of the Fannie Mae and Freddie Mac in the mortgage market and, ultimately,
wind down both institutions. Notice that it IS NOT FHFA
making this announcement, Treasury has taken control.
As you read this keep in mind the government didn't have to take over FnF, they could have hired them to perform the purchases and loan modifications needed to prevent collapse of the TBTF banks. Instead, the Government spent considerable time and resources to defraud shareholders of the value of their investments. This didn't happen in a vacuum, many agencies and people were involved in this effort, when all they had to do was buyout the shareholders at fair market value.
MORE TO COME
Now, lets get back to the white paper “REFORMING AMERICA’S HOUSING FINANCE MARKET - A REPORT TO CONGRESS”. https://www.treasury.gov/initiatives/Documents/Reforming%20America%27s%20Housing%20Finance%20Market.pdf where it says on page 2 : “The Administration will work with FHFA to develop a plan to responsibly reduce the role of the Fannie Mae and Freddie Mac in the mortgage market and, ultimately, wind down both institutions.” By “working with FHFA” the Obama Administration, thru the Treasury and HUD, have created a collusive effort with FHFA to no longer follow the statutes of HERA, but to set their own goals and objectives for the companies which include shrinking the footprints of Fannie and Freddie, ultimately winding them down, closing them, and replacing them with their own new housing finance system. HERA actually provides for that possibility thru Receivership! HERA states: The Director shall appoint the
Agency as receiver for (FnF) if the Director determines, in writing, that …the assets of the regulated entity are and for the preceding 60 calendar days have been, less than the obligations of the regulated entity to its creditors.
The problem was, the plan going forward, the white paper “REFORMING AMERICA’S HOUSING FINANCE MARKET - A REPORT TO CONGRESS” came out in February of 2011 at a time when the entire efforts of FnF were committed to buying toxic mortgages, cleaning them up by removing the predatory aspects of them, refinancing them and either keeping people in their homes or selling the homes on the open market. This was an extreme effort. In a period of 4 years FnF made approximately 10,000,000 loan modifications. In FHFA’s Strategic Plan for Enterprise Conservatorships: The Next Chapter in a Story that Needs an Ending, Feb 21, 2012 Acting Director Ed Demarco says “No private sector infrastructure exists today that is capable of securitizing the $100 billion per month in new mortgages being originated. Since there was no “PRIVATE SECTOR” infrastructure, the job fell onto FnF to provide those services. Putting FnF into a Receivership would have to be drawn out to avoid serious risk to the recovering TBTF banks as well as the Housing Industry which was just getting back on it’s feet.
http://www.fhfa.gov/AboutUs/Reports/ReportDocuments/20120221_StrategicPlanConservatorships_508.pdf
Just to make sure everyone knew that FHFA was complying with the Obama Administration’s White Paper from a year titled “REFORMING AMERICA’S HOUSING FINANCE MARKET - A REPORT TO CONGRESS” Demarco mentions it is his “Strategic” report to Congress: ”As with any strategic plan… this sets forth certain broad objectives that are consistent with finance reform frameworks set forth in the white paper produced last year by Treasury and HUD.”
This is critical because it is proof of collusion of multiple entities working together to push their agenda laid out in the “White Papers” instead of complying with the statutes of HERA..
There is more. On Page 8 of the Strategic Plan, Demarco states “Three years into conservatorship, it is time to update and extend the goals of conservatorship in light of FHFA’s statutory mandate. The conservatorship structure was designed to allow a temporary period for an institution to stabilize and return to the market or to lead to an orderly disposition of a firm. (receivership)”
“Policymakers need to address the future structure of housing finance… without action by Congress, FHFA must continue to look to the existing statutory provisions that guide the conservatorships. In particular, FHFA must consider what it means to “take such action as may be necessary to put FnF in a sound and solvent condition” when it is clear that the draws the companies have taken from the Treasury are so large they cannot be repaid under any foreseeable scenarios.” “FHFA views those risks as best managed by contracting the FnF’ footprint in the marketplace. “
The belief that the draws the companies have taken from the Treasury are so large they cannot be repaid under any foreseeable scenarios, Turns out to be a fabricated lie. This report came out in February of 2012 and just 4 months later In an email:
To: Mary Miller
From: Michael Stegman
FHF A-Related Discussion at June 25 Morning Meeting June 25, 2012
…..................DeMarco no longer sees the urgency of amending the PSP As (Preferred Stock Purchase Agreements) this year. He has raised two competing reasons for this new position: ( 1) the GSEs will be generating large revenues over the coming years, thereby enabling them to pay the 10% annual dividend well into the future.......
Keep in mind FnF have not yet met HERA'S statutes to be put in Receivership by the Director: The Director shall appoint the
Agency as receiver for (FnF) if the Director determines, in writing, that …the assets of the regulated entity are and for the preceding 60 calendar days have been, less than the obligations of the regulated entity to its creditors. AS of June 25, This hasn't yet happened so they are still in Conservatorship.
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We aren’t quite through with the Strategic Plan
http://www.fhfa.gov/AboutUs/Reports/ReportDocuments/20120221_StrategicPlanConservatorships_508.pdf
“Three years into conservatorship, it is time to update and extend the goals of conservatorship in light of FHFA’s statutory mandate. The conservatorship structure was designed to allow a temporary period for an institution to stabilize and return to the market or to lead to an orderly disposition of a firm. (receivership)” “What Needs to Be Done Now “
More on p. 8: “Policymakers need to address the future structure of housing finance… without action by Congress, FHFA must continue to look to the existing statutory provisions that guide the conservatorships. In particular, FHFA must consider what it means to “take such action as may be necessary to put FnF in a sound and solvent condition” when it is clear that the draws the companies have taken from the Treasury are so large they cannot be repaid under any foreseeable scenarios.”
“At the same time, the unanticipated length of the conservatorships poses additional risks for taxpayers and markets not contemplated by HERA. FHFA views those risks as best managed by contracting the FnF’ footprint in the marketplace. “ This is the very point where Mr. Demarco announces he needs to go outside the statutes of HERA and shrink FnF. This would be a breach of HERA and the statutes of Conservatorship law and it is thus UNCONSTITUTIONAL.
“Circumstances FHFA faces include:
•FnF’s losses of such magnitude that FnF cannot repay taxpayers in any foreseeable scenario.
•The operational infrastructures at each company are working but require substantial investment to support future business. The question is whether to improve the current infrastructure or to consider this an opportunity to build something new.
•In absence of other market infrastructure, minimizing future taxpayer losses and ensuring market liquidity and stability requires preserving FnF as working companies. But some of the things this approach requires, such as retaining some semblance of private sector pay comparability, have generated concerns because the companies receive substantial taxpayer assistance.
•Although the housing finance system cannot be called healthy, it is stable and functioning, albeit with substantial ongoing government support. “
Continuing on p. 10
“Writing the Next Chapter: Setting the Strategic Goals”
“Looking ahead, 3 broad goals will define the focus of the conservatorships for the next few years:
1. Build a new infrastructure for the secondary mortgage market.
2. Contract. Gradually contract the FnF’ dominant presence in the marketplace while simplifying and shrinking their operations.
3. Maintain. Maintain foreclosure prevention activities and credit availability for new and refinanced mortgages.”
Mr Demarco goes on to justify his actions
“Achieving these strategic goals will fulfill the legal requirements Congress assigned FHFA as conservator and also prepare the foundation for a new, stronger housing finance system in the future. Although that future may not include FnF….
Without question, this proves Demarco distorted the statutes of HERA which are to preserve and conserve and in it’s place he has determined to reduce FnF footprint in the market in order to make room for the new housing finance system envisioned by the White Papers of February 2011. Keep in mind, those White Paper objectives come with an overlying qualifier, Make clear the Administration’s commitment to ensure existing common equity holders will not have access to any positive earnings from the GSE’s in the future.
In law, fraud is defined as “deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right”. Always keep this in mind.
Bazzinga! Does this look like FRAUD yet? Mr. Demarco LIED or he was totally incompetent because it was his job to monitor FnF and know every subtle nuance of their business operations. Fannies business had turned the corner and was about to become very profitable. Going forward, Demarco knows the NET WORTH SWEEP must be put in place before FnF start showing substantial profits.
MORE TO FOLLOW
If the text is in "RED" it is a direct quote for the referenced document
http://www.fanniemae.com/resources/file/ir/pdf/quarterly-annual-results/2012/q22012_release.pdf
August 8, 2012 , WASHINGTON, DC – Fannie Mae today reported net income of $5.1 billion in the second quarter of 2012, compared with net income of $2.7 billion in Q1 of 2012. Combined with Q1 results, the company has reported $7.8 billion in net income for the first half of 2012. The company’s continued improvement…… was almost entirely due to credit-related income, resulting primarily from an improvement in home prices, improved sales prices on the company’s real-estate owned properties, and a decline in the company’s single-family serious delinquency rate. The company’s comprehensive income of $5.4 billion in Q2 of 2012 is sufficient to pay its Q2 dividend of $2.9 billion to the Department of the Treasury. All of this just a couple months after Mr. Demarco had reported Feb 21, 2012 in his Strategic Plan for the Enterprise Conservatorship that “it is clear that the draws the companies have taken from the Treasury are so large they cannot be repaid under any foreseeable scenarios.”
The company’s comprehensive income of $5.4 billion in Q2 of 2012 is sufficient to pay its Q2 dividend .
In current context that $5.4 billion would be sufficient to pay for Trump’s border wall, so it is a considerable amount of money and it is from only Fannie Mae, one company!!!
Demarco knew Fannie was going to quickly turn very profitable as is evidenced by the email from June 25, 2012.
This just 75 Days before the Net Worth Sweep was enacted.
To: Mary Miller
From: Michael Stegman
FHF A-Related Discussion at June 25 Morning Meeting June 25, 2012
…..DeMarco no longer sees the urgency of amending the PSP As this year. He has raised two competing reasons for this new position: ( 1) the GSEs will be generating large revenues over the coming years, thereby enabling them to pay the 10% annual dividend well into the future.......
Collusion to defraud shareholders!
Fannie Mae announced Q2 results on Aug 8, 2012 and Treasury announced the Net Worth Sweep on Aug 17, just 9 days later.
https://www.treasury.gov/press-center/press-releases/Pages/tg1684.aspx
In the very first paragraph of the announcement it says: … Treasury today announced .. modifications to the PSPAs between Treasury and FHFA as conservator of FnF that will help expedite the wind down of FnF,(and) make sure that every dollar of earnings each firm generates is used to benefit taxpayers! Think about it……if every dollar of earnings is used to benefit taxpayers, then NO dollars will be allowed for the people who own the corporations, the shareholders.
A pattern emerges! On Sept 7 2008, the day the Conservatorship started, Treasury Sec. Paulson said on NPR :
https://www.npr.org/templates/story/story.php?storyId=94420613
“Fannie and Freddie are now in conservatorship, they will "no longer be managed with a strategy to maximize" shareholder returns”.
Maximizing shareholder returns is the whole purpose of a Conservatorship, or any business for that matter.
In a Deposition by Timothy Bowler who went to work for Treasury in 2011 he was asked if this statement from a December 20, 2010 correspondence was the prescribed modus operandi at Treasury as he understood it: “Makes clear the Administration’s commitment to ensure existing common equity holders will not have access to any positive earnings from the GSE’s in the future.”
To which Mr. Bowler responded “YES”.
Then again in February 2011, in Treasury’s and HUD’s white paper “REFORMING AMERICA’S HOUSING FINANCE MARKET - A REPORT TO CONGRESS” it says: We believe that under our current PSPA Agreements
there is sufficient funding to ensure the orderly and deliberate wind down of FnF.
Then again in Demarco’s Feb 21, 2012 Strategic Plan for the Enterprises he confirms his commitment to the Feb 2011 White Papers: One critical point: The steps envisioned in this strategic plan are consistent with each of the housing finance reform frameworks set forth in the white paper produced last year by the …Treasury and ..HUD.
Then again in an email between Jim Parrot and Brian Deese dated Aug 13, 2012, just 4 days before the announcement of the Net Worth Sweep where Jim Parrot writes:
"With the overall set of changes we have removed any doubt about the long term fate of these entities: they will NOT be allowed to return to profitable entities at the center of our housing finance system, but instead wound down and replaced with a system driven by private capital and lower risk to the taxpayer."s
Then again in the Treasury’s Announcement of the Net Worth Sweep:
https://www.treasury.gov/press-center/press-releases/Pages/tg1684.aspx
the Treasury today announced a set of modifications to the PSPAs between Treasury and FHFA as conservator of Fannie Mae and Freddie Mac …that will help expedite the wind down of FnF, make sure that every dollar of earnings each firm generates is used to benefit taxpayers.
And: This will help achieve several important objectives, including:
· Making sure that every dollar of earnings that Fannie Mae and Freddie Mac generate will be used to benefit taxpayers for their investment in those firms.
· Ending the circular practice of the Treasury advancing funds to the GSEs simply to pay dividends back to Treasury.
· Acting upon the commitment made in the Administration’s 2011 White Paper that the GSEs will be wound down and will not be allowed to retain profits, rebuild capital, and return to the market in their prior form. ……..
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How much proof do we need to determine the Obama Administration, the US Treasury, HUD, and FHFA worked together to deny the rightful owners of FnF the protections guaranteed by the Fifth Amendement to the US Constitution which states, “No person shall….. be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”.
Just in case you wanted to know, FnF went on to improve quarterly earnings to record levels. From the Q3 Quarterly Earnings Report:
http://www.fanniemae.com/portal/about-fm/investor-relations/quarterly-annual-results.html
Net Worth: Our net worth of $7.0 billion as of September 30, 2018 reflects our comprehensive income of $4.0 billion for the third quarter of 2018 and $3.0 billion in retained capital reserves.
Then from the Q4 2018 Quarterly Report:
Significant improvement in credit results and growing revenue from our new book of business resulted in annual net income of $17.2 billion and $7.6 billion for the fourth quarter, the largest annual and quarterly net income in the company’s history.
Published: Fri, 02 Feb 2018
Background of shareholder primacy theory
The main arguments for and against of shareholder primacy theory
Conclusion
Shareholder primacy theory is a dominant principle in corporate law that leads the corporation decision-makers focus on the shareholders’ interests. [14] Even though some scholars have questioned the validity of description and norm of the model, it is generally accepted that the objective of companies is to maximise shareholders’ benefits. [15]
As mentioned earlier, the original shareholder primacy theory can be found in Berle and Dodd’s debate in 1930s. In fact, the argument between them was mainly discussed two issues: how to characterise corporate law and how to develop it in future. [16] Berle’s argument was based on the premise of that shareholders were owners of the company and directors were agents or trustees of these owners. Thus he believed that corporations should be run for shareholders’ interests. [17] Dodd responded that as economic institutions corporations have “a social services as well as a profit-making function”, [18] and directors “should concern themselves with the interests of employees, customers, and general public,…”. [19] Shortly thereafter, Berle replied to this argument with the view that the managerial accountability could be reduced by increasing managerial discretion. Moreover, he believed that it was impossible to directors to be accountable to all constituencies. [20] Although there were some fluctuations between shareholder primacy and stakeholder theories from the time of Berle-Dodd debate until 1970s, shareholder primacy has become thriftily since the late 1970s, [21] and today in Anglo-American systems, it is the regnant theory in corporation law. [22]
In 1919, the Michigan Supreme Court’s decision in the case of Dodge v Ford Motor Corp [23] manifested the legal mandate of the shareholder primacy theory. The court stated: “A business corporation is organised and carried on primarily for the profit of the stockholders.” [24] Therefore, the key point of the theory is to ensure that directors manage corporations on purpose of maximising shareholders’ wealth to the full extent. [25] Besides, from a business practice point view, shareholder primacy is an accurate description model as it clarifies that directors only have economic goals and responsibilities to shareholders. That is to say, directors are empowered to do anything which can increase shareholders’ benefit that is recoginsed as lawful activities. [26] Meanwhile, this theory avoids yielding to the corporate social responsibility (“CSR”) which requires directors consider other groups’ interests when making decisions. [27]
It can be easily defined from the name of shareholder primacy theory
that shareholders are its only subject, which means shareholders’
interests always take priority and other constituencies’ benefits are
very much secondary or derivative. [28] However,
this is not to say that directors do not take non-shareholder parities’
benefit into account unless considering their interests will influence
enhancing shareholders’ wealth. In addition, there is another reason for
not focusing on non-shareholder constituencies is that the theory
assumes that unlike shareholders, other constituencies’ rights and
interests are gained and protected through contracts. [29]
This is nonsense.
Also, not a single case is asking for the warrants to be voided. As much as I'd like to see that happen, it would be a miracle. Only way is if US declines to exercise the warrants in their recap plan or, even less likely, a judge terminates the warrants as some sort of penalty against Uncle Sam. I e not happening.
The people's will is a zero in the US currently. Not only it's the people's will obfuscated, covered up, substituted for by media traitors, people in office don't care anyway.
https://mobile.twitter.com/xanderhamilthon/status/1091200314730921985
I'm not sure exactly how this would best be worked in but in my opinion the petition would be worded more strongly if it clearly stated that shareholders' rights were purposefully negated to ensure that billions of dollars of corporate value was stripmined off for the benefit of {insert carefully crafted description of the benefactors of the plundering}. As written the description of what transpired is (in my opinion) overpolite and consequently less compelling than it could be.There's no doubt we're right; it remains to be seen if we'll (really) win.