Search

Details Thin but DOJ Sues S&P for Ratings Misconduct

by devteam February 5th, 2013 | Share

The U.S. Department of Justice (DOJ) filedrnsuit yesterday against Standard & Poor’s and its parent McGraw-HillrnCompanies over alleged illegal behavior by its ratings division.  While the filing has apparently taken placernthere are no details yet available from DOJ. rnMost news reports are based on a press release from S&P Ratings onrnMonday afternoon which said it was anticipating the suit.  Both S&P and McGraw Hill stocks droppedrnprecipitously on the news.</p

The suit apparently seeks civil moneyrnpenalties from both S&P and McGraw Hill for bond ratings issued by S&Prnduring the period leading up to the financial collapse of the mortgagernindustry.  According to the New YorkrnTimes, the suit was filed after talks between the companies and governmentrnbroke down over a $1 billion settlement demand from DOJ.  Reuters says that both the Attorneys Generalrnof New Jersey and Illinois are expected to join in the suit and the AttorneyrnGeneral of New York is pursuing legal action of his own.</p

This is the first federal enforcementrnaction against a ratings firm and it is unclear why DOJ is targeting S&P</band not Moody's or Fitch Ratings which have also been accused of similar misdeeds.  Ratings from the agencies have been presentedrnin numerous civil suits brought against banks by the federal government,rnespecially in reference to loans acquired or guaranteed by Freddie Mac andrnFannie Mae.</p

Ahead of the filing S&P’s RatingrnServices released a statement saying that the expected suit focused on itsrnratings in 2007 of certain U.S. collateralized debt obligations (CDOs).  The company said the lawsuit would bernentirely without factual or legal merit and would disregard the central factrnthat S&P reviewed the same subprime data as the rest of the market andrnfederal agencies and that every CDO cited by DOJ received the same independentrnratings from other  rating agencies.  </p

The company said it did take extensivernrating actions in 2007, ahead of other agencies, on residential mortgage-backedrnsecurities (RMBS) included in these CDOs and “As a result of these actions,rnmore collateral or other protection was required to support AAA ratings onrnCDOs. With 20/20 hindsight, thesernstrong actions proved insufficient but they demonstrate that the DOJ would be wrong in contending that S&Prnratings were motivated by commercial considerations and not issued in goodrnfaith.”</p

S&P provided numerous other examplesrnof downgrades and other actions it took as problems became apparent and saidrnits analysts “worked diligently to keep up with an unprecedented, rapidlyrnchanging and increasingly volatile environment, while acting to ensure changesrnto their ratings reflected robust analysis and deliberation.”  </p

McGraw-Hill’s stock was down 8 percent Tuesday morning on top of a 13.8rnpercent loss on Monday after the S&P press release.   Sharesrnof Moody’s Corp slid 10.7 percent on Monday and another 2 percent so far today.

All Content Copyright © 2003 – 2009 Brown House Media, Inc. All Rights Reserved.nReproduction in any form without permission of MortgageNewsDaily.com is prohibited.

About the Author

devteam

Steven A Feinberg (@CPAsteve) of Appletree Business Services LLC, is a PASBA member accountant located in Londonderry, New Hampshire.

See all blogs
Share

Comments

Leave a Comment

Leave a Reply

Latest Articles

Real Estate Investors Skip Paying Loans While Raising Billions

By John Gittelsohn August 24, 2020, 4:00 AM PDT Some of the largest real estate investors are walking away from Read More...

Late-Stage Delinquencies are Surging

Aug 21 2020, 11:59AM Like the report from Black Knight earlier today, the second quarter National Delinquency Survey from the Read More...

Published by the Federal Reserve Bank of San Francisco

It was recently published by the Federal Reserve Bank of San Francisco, which is about as official as you can Read More...