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How ratings agencies could cost us trillions

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The New York Times reports that McGraw-Hill Co.'s (NYSE: MHP) Standard & Poor's (S&P) has downgraded bond insurer ACA Financial Guaranty Corporation from A to CCC, a sub-investment grade. S&P is saying that ACA's financial guarantee is worthless and thus bond holders must write-down the assets ACA insured.

As of September, ACA insured $7 billion in municipal and $43 billion in corporate debt. S&P's downgrade could cost Merrill Lynch & Co. (NYSE: MER) $3 billion and Canadian Imperial Bank of Commerce (NYSE: CM) estimates it will take a $2 billion write-down.

A few decades from now when economic historians look back on the current financial market implosion, there will be books written about the role that ratings agencies played in blowing up the bubble and then bursting it. That's because the ratings agencies competed with each other to offer the highest ratings to bundles of loans such as Collateralized Debt Obligations (CDOs). Now that this market has collapsed, the ratings agencies see no profit in rating new CDOs so they're trying to salvage their reputations by bending over backwards to downgrade those same debt instruments.

The delisted ACA Capital Holdings needs to cough up $1.7 billion by January 18, 2008 because it contracted to do that if its rating fell below A. This is also a problem for The Bear Stearns Companies (NYSE: BSC) -- about which I posted earlier today -- which owns 29% of ACA. As the ratings agencies continue downgrading debt issues and their insurers, the true costs of the current system will suddenly become apparent.

As a teacher, I can imagine the mess that would result if my students competed to see who could pay me the most money to get an A in my class. But that's the relationship between the ratings agencies and the banks. As I posted in August, the ratings agencies competed with each other to offer the highest ratings to the securities the investment banks issued. The ratings agencies willing to give the highest rating won the bidding.

That little wrinkle in the system will need to be fixed in order to restore confidence in our credit markets. In the meantime, those ratings downgrades could us trillions. The interesting question is whether all the value created while the ratings agencies were blowing up the bubble will be completely wiped out by what they are now destroying.

Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter. He has no financial interest in the securities mentioned.

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Last updated: November 12, 2009: 09:19 AM

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