Fairholme filed a motion to amend its complaint pending in the U.S. Court of Federal Claims today, and a copy of that request is attached to this e-mail message. Fairholme wants to amend its illegal exaction claims to include the theory that the imposition of the Net Worth Sweep and quarterly Net Worth Sweep dividend payments were unauthorized because at all relevant times FHFA has, as the Fifth Circuit recently held, been operating in violation of constitutional separation of powers principles. Fairholme notes that the Wazee Plaintiffs’ complaint raises this claim. Fairholme tells Judge Sweeney the government opposes this request. 13-465-0412
