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Following in the wake of Friday’s massive bank failure, and the Senate’s passage of an economically destructive and pork-filled mortgage bailout bill that will further destabilize housing markets, the federal government is now moving to bail out the mortgage giants Fannie
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11 months ago
Much of its board is not appointed by the federal government (unlike, say, the Public Company Accounting Oversight Board, whose members are entirely picked by the federal SEC commissioners).
And it does not have broad regulatory powers, the way that the PCAOB, which can impose multimillion dollar fines, does.
It doesn't satisfy each of the Lebron factors for qualifying as a governmental entity, the way that the PCAOB and Amtrak, classic examples of governmental agencies, obviously do.
Lebron illustrates that being labeled as "private" by Congress, or being chartered as a "private" institution, is not enough to make a governmental agency "private" for purposes of the Constitution (much less truly private in fact).
But many corporations that are subsidized by the taxpayers and have an incestuous relationship with government officials nevertheless are not deemed governmental entities, even after the Lebron decision.
10 months ago