Saturday, December 20, 2014

Read the Statute! DOJ will not like the Appeals court answer to that! They are Wrong!

That is exactly how that statute is read! but the point is law is not about statute individually it is about the heading of the statute it falls under!
12 U.S. Code § 4617 – Authority over critically undercapitalized regulated entities
(a) Appointment of the Agency as conservator or receiver
(2) Discretionary appointment
(2) falls under the purpose of why would a conservator or receiver be appointed! (a) gives no power or duty!
(a) Appointment of the Agency as conservator or receiver
Powers and duties are under (b)
12 U.S. Code § 4617 – Authority over critically undercapitalized regulated entities
(b) Powers and duties of the Agency as conservator or receiver
(a) has no power to wind up, (a) has only purpose for why conservatorship or recievership are in existence and under law they become alive in (a)!!
(b) tells the conservator or receiver and the world what powers and duties it may perform and are lawfully his powers and duties.
You all have to see this from a Law perspective. Laws dont get written in a single line.
Like the govt would want judges to believe, and I can tell you their argument will NOT stand up in appeal! Appeal court judges know the law and know that (a) is Not where conservator can get his power or duty from!! only (b) can.
simple.

Wind up is defined in the statute as follows! Wind up is not a made up definition by the FHFA, It is defined in the statute and has its powers there.
(6) Winding up
(A) In general
Subject to subparagraphs (B) and (C), not later than 2 years after the date of its organization, the Agency shall wind up the affairs of a limited-life regulated entities.
12 U.S. Code § 4617 – Authority over critically undercapitalized regulated entities
(i) Limited-life regulated entities
(1) Organization
(A) Purpose
The Agency, as receiver appointed pursuant to subsection (a)—
again here HERA tells us that (a) only gives purpose. (b) is powers and duties
(6) Winding up
(A) In general
Subject to subparagraphs (B) and (C), not later than 2 years after the date of its organization, the Agency shall wind up the affairs of a limited-life regulated entity.
both (1) and (6) are under (i) limited life regulated entities
(i)(1) Organizes recivership
(i)(1)(a) gives purpose to reciever existing
(i)(6) winds up

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