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FHFA (Fannie and Freddie): Inspectors! We don't need no steenkin' inspectors!

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  • FHFA (Fannie and Freddie): Inspectors! We don't need no steenkin' inspectors!

    Your tax dollars at work.

    Originally found via www.exiledonline.com

    http://www.huffingtonpost.com/2009/1..._n_353018.html

    There is no independent auditor overseeing the federal agency responsible for some $6 trillion in home mortgages, because the Department of Justice's Office of Legal Counsel ruled that the agency's inspector general didn't have authority to operate, according to internal memos obtained by the Huffington Post.
    The ruling came in response to a request from the Federal Housing Finance Agency itself -- which means that a federal agency essentially succeeded in getting rid of its own inspector general.
    The FHFA is home to Fannie Mae, Freddie Mac, and the Federal Home Loan Banks, which are jointly responsible for purchasing or guaranteeing more than 80 percent of new mortgages issued since the middle of 2008, according to FHFA numbers.
    In September, the Department of Justice ruled that FHFA Inspector General Ed Kelley did not have authority to investigate wrongdoing or other abuses related to the agency, according to an internal DOJ Office of Legal Counsel memo signed by Deputy Assistant Attorney General Daniel Koffsky.
    The ruling was made on complicated technical grounds. The current agency was created by a 2008 act that abolished the Federal Housing Finance Board and replaced it with the FHFA. FHFB employees automatically became FHFA employees and retained their "same status, tenure, grade, and pay."
    The IG for the new agency, according to the law, needed to be appointed by the president and confirmed by the Senate, but Kelley argued that the purpose of keeping the employees in the same positions was to make sure the agency could continue to operate and that therefore the law applied to him, too.
    Kelley still works for the FHFA, but in a non-independent "internal auditor" position in which he must report to the agency head. A message left with FHFA wasn't returned.
    On Monday, HuffPost called the main number listed on the FHFA website for people who want to report "a violation of any law, rule or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or substantial and specific danger to public safety or complaints regarding the programs and operations of the agency."

  • #2
    Re: FHFA (Fannie and Freddie): Inspectors! We don't need no steenkin' inspectors!

    c1ue,

    It appears to me from both the memo linked to in your quoted article and The Housing and Economic Recovery Act of 2008 and Inspector General Act of 1978 that all that must happen here is simply to get the president to appoint a Senate confirmed IG and the problem is solved.

    While it is disturbing that no IG is currently in place - this is not a move to never have one, and the president/senate should be able to alleviate the situation with relative swiftness (in government terms)

    Sorry for the lawyer-ly post...

    `HOUSING AND ECONOMIC RECOVERY ACT OF 2008 Section 1105
    (d) Inspector General.--There shall be within the Agency an Inspector General, who shall be appointed in accordance with section 3(a) of the Inspector General Act of 1978.'
    TITLE 5 App. > INSPECTOR > § 3
    Prev | Next

    § 3. Appointment of Inspector General; supervision; removal; political activities; appointment of Assistant Inspector General for Auditing and Assistant Inspector General for Investigations

    How Current is This?

    (a) There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of such establishment. Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation.
    Originally posted by c1ue View Post

    Comment


    • #3
      Re: FHFA (Fannie and Freddie): Inspectors! We don't need no steenkin' inspectors!

      Originally posted by dcarrigg
      It appears to me from both the memo linked to in your quoted article and The Housing and Economic Recovery Act of 2008 and Inspector General Act of 1978 that all that must happen here is simply to get the president to appoint a Senate confirmed IG and the problem is solved.
      This is a true statement.

      The question is why the existing IG in FHFA cannot do the job.

      All the possibilities I can see are negative:

      1) A new plum post to reward a supporter
      2) A way to delay accountability in FHFA proceedings
      3) A conflict within FHFA between Federal Home Loan banks and Fannie/Freddie behavior

      etc etc.

      Comment


      • #4
        Re: FHFA (Fannie and Freddie): Inspectors! We don't need no steenkin' inspectors!

        Originally posted by c1ue View Post
        This is a true statement.

        The question is why the existing IG in FHFA cannot do the job.

        All the possibilities I can see are negative:

        1) A new plum post to reward a supporter
        2) A way to delay accountability in FHFA proceedings
        3) A conflict within FHFA between Federal Home Loan banks and Fannie/Freddie behavior

        etc etc.
        If I may offer a fourth and fifth possiblity:
        4) Lazy legislation
        5) Congress felt the new and more complex nature of FHFA compared to FHFB necessitates new blood for the IG & staff

        That being said, I don't have enough information to know which of these possiblities is correct. Occam's Razor being what it is, I would guess #s 1 or 4

        Comment

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