IS IT FRAUD

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thombiz

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Jan 27, 2019, 10:23:51 PM1/27/19
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In other posts on this board, I have stated that actions by the Obama Administration, Jim Parrot, Stegman, and others constitute a Collusive Fraud against shareholders, but is that really true. Forgive me, but this is a very complex issue and it can only be considered in context with other events using facts, so I have chosen this format to develop my ideas.   Hear is the first portion of my look into this topic:
If the text is in "RED" it is a direct quote for the referenced document

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.





_________________________________________________________


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


https://www.govinfo.gov/content/pkg/PLAW-110publ289/pdf/PLAW-110publ289.pdf


It provided for the creation of FHFA (Federal Housing Finance Agency) to act as “regulator” of Fannie and Freddie and it created the position of Director to oversee the operations of FHFA.  HERA required  FHFA while acting as Conservator or Receiver to be an independent agency not subject to the directions of any other governmental agency.  HERA also insulated the Director by making his actions not subject to judicial review.  HERA provided for the establishment of an Oversight Board to monitor FHFA activities.  The Oversight Board is comprised of 4 members, the Treasury Sec., Sec of HUD, the Chairman of the SEC, and Board chairperson the FHFA Director. HERA statutes require that the Board may not exercise any executive authority, and the Director may not delegate to the Board any of the functions, powers, or duties of the Director.


 The statutes of HERA tasked the Director with assuring that while FnF are in Conservatorship they would be operated to conserve and preserve their assets while operating in a safe and sound manner.   


The Director was given the power to put FnF into Conservatorship or into Receivership.  On Sept. 7, 2008, James Lockhart, FHFA’s first Director, put FnF into Conservatorship and not Receivership, with the option that should FnF become critically uncapitalized, with 30 days written notice, the Director could put them into Receivership.   This distinction is very important because once the choice is made there are a whole host of laws/statutes in the US CODE which enjoin the process specifically regulating that Conservatorship or Receivership, and those laws are NOT interchangable.


The breaches of HERA statutes started immediately.   Since I am completely unqualified to discuss the forensic accounting results I will leave that discussion to the experts, but I can say a NEED for immediate funding was created and funding was to be provided thru a Senior Preferred Stock Purchase Agreement  (SPSPA) thru the US Treasury.


https://www.fhfa.gov/conservatorship/documents/senior-preferred-stock-agree/2008-8-7_spspa_factsheet_508.pdf


The Treasury put the following restrictions on any funding thru the SPSPA.The following covenants apply to the GSEs as part of the agreements.


Without the prior consent of the Treasury, the GSEs shall not:

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


Enter into any new or adjust any existing compensation agreements with “named executive officers” without consulting with Treasury


Terminate conservatorship other than in connection with receivership


Sell, convey or transfer any of its assets outside the ordinary course of business except as necessary to meet their obligation under the agreements to reduce their portfolio of retained mortgages and mortgage backed securities


Increase its debt to more than 110% of its debt as of June 30, 2008


Acquire or consolidate with, or merge into, another entity.


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 institutionsNotice 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


 

                            

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thombiz

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Jan 29, 2019, 11:47:18 AM1/29/19
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CONTINUED FROM Post 1

IS IT FRAUD  _  CHAPTER 2

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.

_________________________________________________________________________________________________________



We aren’t quite through with the Strategic Plan 


http://www.fhfa.gov/AboutUs/Reports/ReportDocuments/20120221_StrategicPlanConservatorships_508.pdf


On page 8 it says:


“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 “


Here is where Mr. Demarco starts to redefine Conservatorship to include receivership without meeting HERA’s criteria which is: 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. Only under certain “statutory grounds” can the director even put the companies in receivership.


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.


Mr. Demarco goes on, only now he is showing a shift to compliance with the  White Papers of Feb 2011:


“To achieve these outcomes, FHFA will need to make strategic decisions regarding the FnF’ level of participation in the market while developing ways for the taxpayers to ultimately derive value… it is necessary to define new goals for the FnF operating in conservatorship.”


Continuing on p.9


“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. “


De Marco:  Absence of consensus on a resolution of the conservatorships does not imply a lack of consensus on general direction.”  “Both the Administration and Congress have expressed discomfort with the level of government involvement in the mortgage market and a desire for greater private sector participation and risk-taking.” 


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.


Is It Fraud?


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.


Next, we want to take a look at Demarco’s  proclamation that FnF’s losses were of such magnitude that FnF would not be able to repay taxpayers in any foreseeable scenario.  Let’s take a look at 2012 Q1 results for Fannie Mae:


Fannie Mae Q1 2012 results


 http://www.fanniemae.com/resources/file/ir/pdf/quarterly-annual-results/2012/q12012.pdf


Despite ongoing weakness in the housing and mortgage markets, we experienced significant improvement in our financial results for the first quarter of 2012, as compared with the first quarter of 2011.   As described under “Summary of Our Financial Performance for the First Quarter of 2012,” we generated positive net worth for the quarter and were not required to draw funds from Treasury for the quarter under the senior preferred stock purchase agreement. We expect our financial results for 2012 to be significantly better than our 2011 results. The significant improvement in our financial results in the first quarter of 2012 compared with the first quarter of  2011 was due to an $8.7 billion decrease in our credit-related expenses.


There it is from the Q1 Earnings Report for 2012, we experienced significant improvement in our financial results for the first quarter of 2012


 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















thombiz

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Jan 31, 2019, 1:38:40 PM1/31/19
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If the text is in "RED" it is a direct quote for the referenced document

So, let’s move forward and look at  Q2 Earnings report for 2012. 

 

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.  Other recipients:

Additional related email: 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

 

 

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. ……..

________________________________________________________________

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.

 

dimitri antonopoulos

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Jan 31, 2019, 2:38:29 PM1/31/19
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Thombiz. Dude, what’s the point? We all know it’s fraud! Saying it over doesn’t make it any more fraud. You know, I know it, the shareholders know it, the hedge fund lawyers know it, the govt knows it, the Congress knows it and the Prez knows it, the judges know it, Mnuchin knows it, Otting knows it, Calabria knows it, etc, etc WE ALL LNOW ITS FRAUD!

The question is will govt get away with it? Have you heard of:

TOO BIG TO FRAUD

Look at history of this country. This is SWAMP in action. Live and in color!

thombiz

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Jan 31, 2019, 2:56:18 PM1/31/19
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Dimitri, your point is well taken and certainly has merit, especially when it comes to the longs who have been here for years.  This was primarily for the newby's who were still scratching their heads about "How did this happen?"  My desire was to contribute in some meaningful way as do most posters.  Working together elevates all of us!  

Given some thought, part of the "point" was to try and put an end to the insipid discourse about such things like the word meanings of "shall" and "may" that bog down the judiciary.  There are much more important things worthy of discussion.

                          

dimitri antonopoulos

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Jan 31, 2019, 3:29:40 PM1/31/19
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You and I do what OJ Simpson did and we never see daylight again in our lifetime. You or I walk into a liquor store and steal a 6 pack of beer and be packing, and we do 5-10 of hard time.

The Govt, banks, anybody with power or money can steal billions, cheat or murder and walk away with slap on wrist.

Sorry for digression!

I have been in this investment way longer than I ever imagined. It has been very painful. But I believe we will be victorious. I first followed Ackman into GGP and made a ton. I followed him and Berkowitz into FNMA.

My goal is generational wealth. Big risk, big reward. At this moment, IMO, there is no better risk/reward in the market than FNMA.

I don’t believe we will be victorious because the merits of court cases.I believe we will be victorious for one reason and one reason only.

There is a SH*T Load of money to be made by the swamp on a R&R. I have never been more positive than I am at this moment in time.

Not investment advice.

thombiz

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Jan 31, 2019, 10:19:00 PM1/31/19
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You know Dimitri, I have given "What is the Point" a lot of thought.  I wanted to make a point that numerous governmental agencies and the Whitehouse  had conspired to manipulate the Conservatorship process to avoid an economic collapse in the US and other countries, but they did it by crushing the equity shareholders, denying their rights guaranteed by the US Constitution. 
People make mistakes, but this wasn't a mistake, it was a concerted effort by the government to move in and take possession of  property that did not belong to them, then deny the legal owners even a dollar of the profits generated by operation of that property.  That is a very clear example of a breach of the 5th Amendment to the Constitution.  This is not the way our government is designed to work.  This might be the way they do things in a Banana Republic, but it is not the way our country has been set up. This is not the way the founding fathers designed it to work so the government must be brought to task to set things right and to make sure this never ever happens again.  Some may want to settle for something less than full restitution and damages because it is expedient but I don't see it that way. This is a Constitutional issue for our country so the laws for correction must be followed to the letter. It's not about a quick payday, it is about our Country and it's future. It's about making sure this never happens again. I am an architect by training and a Jeffersonian by temperament and would accept no less.  Thomas Jefferson would have accepted no less.

Mike SP

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Jan 31, 2019, 11:01:00 PM1/31/19
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Published: Fri, 02 Feb 2018

SHAREHOLDER PRIMACY THEORY SUMMARY

Background of shareholder primacy theory

The main arguments for and against of shareholder primacy theory

Conclusion

1.1 Background of shareholder primacy theory

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]

Brian Adams

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Jan 31, 2019, 11:23:22 PM1/31/19
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Not a single case alleges fraud. Fraud is not on the table. Judges only rule on what is before them, and not a single plaintiff that I am aware of is alleging fraud.

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.

SimSla

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Jan 31, 2019, 11:46:02 PM1/31/19
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Well 2 years ago thinking about recap and release was impossible and look at us now. My point is never say never. We might get 100% of our companies back.We are up against the US Government. Did you really believe it was going to be a walk in the park? This will take time.

dimitri antonopoulos

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Feb 1, 2019, 2:52:23 AM2/1/19
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Thombiz - One mans fraud is another mans opportunity. Go see the movie. “Big Short” if you want to see fraud. And how many people were prosecuted for wrecking the US economy?

ZERO


Wall Street is corrupt, DC is corrupt. Understand how game is played and make sure your not a casualty. The game is rigged against the small guy.

Sooner you accept and just focus on how to profit, you will be better off. Righteousness is not a virtue on WS. Guarantee you, hedgies already know Otting plan. They have paid off govt insiders for info.

It’s a sleazy game, But you got to pay to play. Go find my name in lawsuit against Regeneron Pharma. It’s now a $400 stock. In my 20’s, I was lead plaintiff in class action suit against CEO.

The CEO was blowing out his stock before release of bad news on drug. Never forget depo in NYC Manhattan 78 story building. They purposely turned off AC during heat wave to make me sweat. They had background info on me from college, even my grades.6 hours. I learned exactly how the game was played st that instance!

Left an imprint in my mind I will never forget.



dimitri antonopoulos

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Feb 1, 2019, 3:08:26 AM2/1/19
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1994 Southern Districtof New York....I think I had 20k shares....cant recall exactly

thombiz

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Feb 1, 2019, 10:30:42 AM2/1/19
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Dimitri and all other patriots, perhaps.....perhaps there is one possible avenue which will lead us to justice......it is the "WE THE PEOPLE" petition system set up to have the White House look into possible injustices against the citizens  of the US.  From what I just Googled and read, the threshold to get the President to read and consider a petition is 100,000 signatures within the first 30 days the petition request is up.   I am just one person, a retired architect living off social security, alone, I stand no chance in hell of pulling this off, but together, all of us patriots working together might just be able to get a petition together and the 100,000 signatures supporting it to get President Trump to appoint  a special counsel to investigate the Conservatorships of Fannie and Freddie to determine if the shareholders were abused and denied their rights guaranteed by the 5th Amendment to the US Constitution. I do know this was attempted when the Obama Administration was in the White House, and as you would expect, it was unsuccessful.  If we do our part and get the 100,000 signatures, we can put President Trump to task to set right this injustice.  Any thoughts?  Does the month of February 2019 become the month the patriot shareholders come together to pursue justice? It won't be easy, but together I think we can be successful!
 

hellbentonholding

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Feb 1, 2019, 12:08:52 PM2/1/19
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It should be easy, last I heard there were 18000 shareholders... there undoubtedly are more watching this. 5 relatives from each would suffice. President Harris might get around to reading the petition just as President elect Occasio-Cortez is ready for inauguration...


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.

thombiz

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Feb 1, 2019, 1:55:05 PM2/1/19
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are you  IN?  or OUT?  It's simple, is it the will of (you) the people or not?  Will you be a part of this?  We the people......

 

dimitri antonopoulos

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Feb 1, 2019, 2:37:24 PM2/1/19
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I’m in FNMA to make money. Pure unadulterated capitalism.

Crusades, movements were for my younger days.

Guido da Costa Pereira

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Feb 1, 2019, 4:21:21 PM2/1/19
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thombiz - Alexander Hamilton has been doing this for a couple of months. You might want to get in touch with him. His latest tweet:

https://mobile.twitter.com/xanderhamilthon/status/1091200314730921985

thombiz

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Feb 2, 2019, 4:07:01 PM2/2/19
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A little as expected I received only 4 contacts from people who would join in to promote a "We the People" White House petition to get Trump to direct a special counsel to determine if FnF shareholder's rights were abused by Government agencies colluding to deny rights promised by the 5th Amendment to the US Constitution.  It would like take more that 500 working hard to get the signatures in order to be successful.  For now, I'm abandoning that quest and returning to maximizing profits trading FnF.  GLTA

dimitri antonopoulos

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Feb 2, 2019, 4:23:06 PM2/2/19
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Thombiz- Wise decision. Appears you had to learn the hard way.

I don’t go to my church group to discuss economic theory.

Guido da Costa Pereira

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Feb 2, 2019, 6:22:43 PM2/2/19
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thombiz - just checked. 1,510 people have signed Hamilton's petition.

thombiz

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Feb 2, 2019, 6:51:40 PM2/2/19
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Guido, I signed it but there was no indication that my signature was recorded.  Do I have to create an account?

 

Guido da Costa Pereira

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Feb 2, 2019, 6:57:22 PM2/2/19
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Don't believe so. If you remember the count before you signed, go back and check again. It will first show 0, refresh and it will give you an updated number.

seysmont

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Feb 2, 2019, 11:54:28 PM2/2/19
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This situation taught me the power of US propaganda. Notice how the conspiracy theories are "debunked". And I always applied the same reasoning. I listened to Bill Fleckenstein's podcast today, and he does what I always used to do before the GSE's saga. The reasoning goes something like this, if you want to keep something secret, it's hard, because people leak and different players come out and have interest exposing previous power players wrong doings for their gain. Well, the GSE's story is debunking all that reasonable line of reasoning. Nobody leaks from the government or the enterprises, everyone avoids the word fraud or book cooking. The reason I know for a fact the whole story is fake is I know very well how GSE's work, and it gives me confidence that the US housing market can't function without them, and they don't really actually lose money under any circumstances. They can get illiquid if they are cut off from the funding market, but they are never insolvent given how their model works. That I know. NPV of their business is always positive. That's how they are set up. But debunking "conspiracy theories" by relying on some sort of free press or competing interests in the government doesn't work. If all you have is reliance on someone coming out with real story or leaks or new players exposing the misdeeds of old power players is clearly not a proof of anything in the way the US operates. And it opens a rabbit hole, and frankly it's a scary one and I'm apprehensive to even go to any Vegas party because of that. This is a scary situation that to this day the reality is so effectively obscured by a not so well concocted lie in 2008 or probably even earlier by people we know nothing about for reasons that we know nothing about. Compared to that a regular Russian corruption makes me warm and fuzzy inside. I get that. That's a known issue that one can prepare for. This is whole other level of the ability to distort reality.

thombiz

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Feb 3, 2019, 9:15:49 AM2/3/19
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Well,....crap.  I can't just let this injustice lie so I have decided to create and post a Petition on "We the People" the White House's site for petitions by the people.  Here is the body of the proposed petition and I seek your input for modifications to improve the petition. TIA

This petition requests President Trump create a position of Special Counsel with the task of looking into the Government's Conservatorship of Fannie Mae and Freddie Mac to determine if branches and agencies of the current and past two administrations of the US Government, specifically the White House, Treasury, HUD, and FHFA worked together under the guise of Conservatorship to deny the companies equity shareholder owners of their rights and protections guaranteed by the 5th Amendment to the US Constitution. We contend that there was and is a concerted effort to make sure shareholders would not and do not have access to any profits generated by the companies going forward which continues to this day. We contend that the US Government did plot against a distinct group of US citizens, the shareholders to deny their Constitutional rights and protections.



Two modifications have been proposed,  one to add the phrase "ensuring it doesn't happen again" and the second to change Special Counsel to Special Commission.

Please review and suggest changes which you feel would be improvements.

Man in the Moon

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Feb 3, 2019, 9:29:38 AM2/3/19
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Re: ensuring it doesn’t happen again is more dependent on eventually bringing criminal charges against the likes of Hank Paulson IMO than replacing stupid and/or ignorant and/or corrupt judges. With regard to the penalties and fines paid to Tsy by TBTF banks, I can only hope those were high enough to make them think twice in the future but sadly I suggest they were just slaps on the wrist and encouraging!

thombiz

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Feb 3, 2019, 9:43:52 AM2/3/19
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 Very very good point.  I will include adding "ensuring it doesn't happen again" to the text. 
 
I propose one additional change, I suggest that "Special Counsel" be changed to "Special Commission".  We know how a single person can compromise an outcome. A Commission would be less susceptible.

Guido da Costa Pereira

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Feb 3, 2019, 1:19:17 PM2/3/19
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thombiz - My only suggestion is to add: "We request removal of Presidential Privilege from the fraud documents that do not involve national security."

feralcomprehension

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Feb 3, 2019, 1:33:28 PM2/3/19
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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.

Crownjewels

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Feb 3, 2019, 6:56:04 PM2/3/19
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On Sunday, February 3, 2019 at 1:33:28 PM UTC-5, feralcomprehension wrote:
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.

(I thought I successfully added this before, but I don't see it, so here goes again.)

I am with you and have no idea if what I tell you changes anything re your views.

But, I think the "GSEs to buy $20-$40 Billion MBS per month" was a phony story written 10 years by a former AP reporter who had an anti-GSE ax to grind, Dawn Kopecki. I can remember Tim Howard telling me he never could find that type of growth in closely perusing both companies books of business.
 
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