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MarketNeutral
27th April 2010, 02:30 AM
The congressionally appointed panel that’s investigating the financial crisis issued its first subpoena Wednesday – to a company we’ve been examining because of its role in the financial crisis.

Moody’s Corp., one of the world’s largest credit rating agencies, has come under fire for awarding rosy ratings to mortgage investments at the center of the financial meltdown. Standard & Poor’s and Fitch, the other top rating agencies, also issued inflated grades to investments that turned out to be toxic.

As we’ve reported, the agencies – whose opinions influence investors as they decide what to buy and sell – have operated largely unfettered by Congress or the Securities and Exchange Commission. The raters also are undefeated in the courts, where they have defended themselves against investor lawsuits by arguing that their bond ratings are editorial opinions, constitutionally protected free speech.

New financial regulations now taking shape in Congress could make a dent in this untouchable status. In turn, as we noted recently, the raters are breaking their own spending records on lobbying.

The subpoena could prove to be a setback for Moody's.

The Financial Crisis Inquiry Commission, created by Congress to investigate the causes of the 2008 financial collapse, has itself faced criticism. Media reports, including our own, noted that the FCIC hadn’t issued one subpoena in the course of its yearlong investigation.

In a statement, the FCIC said that it subpoenaed Moody’s for “failing to comply with a request for documents in a timely manner.”

It’s unclear what documents the commission wants. We called them to find out. In response, commission spokesman Tucker Warren said in an e-mail: "The Commission requested essential documents and emails critical to our investigation and gave Moody’s a reasonable timeframe to comply. They failed to do so."

In a statement released Tuesday, Moody's said it's working hard to comply with the FCIC's request.

“Moody’s has and continues to devote substantial resources to producing documents and making our people available to the FCIC, our regulators, State Attorneys General, Congress and many others tasked with understanding the financial crisis and the role of the rating agencies.”
http://www.thestate.com/2010/04/26/1252686/senate-to-ask-moodys-chief-why.html