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Bond rating firms to face greater scrutiny

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Both the SEC and Senate Permanent Subcommittee on Investigation want greater scrutiny of bond rating agencies and their role in the current financial meltdown. The Wall Street Journal reports today that the Senate subcommittee is set to begin an investigation focusing on whether competition among bond-rating agencies led to the issuance of misleading ratings so they could win lucrative contracts from investment banks selling these securities. The SEC wants to crackdown on this possible conflict of interest and is considering rules that would deal with conflicts of interest at bond rating agencies.

Senator Norm Coleman, ranking member of the subcommittee, told the Journal, "We're going to look at the root causes of this, looking at whether the inherent conflict clouded the judgment of these agencies. Somebody missed something here. Was it because of the complexity or was it in the zeal to make money?"

Even if the fault of the errors lie in the complexity of the product, the bond rating agencies still failed everyone who depends on them for making investment decisions. The bond rating agencies should not rate something they find too complex to competently rate. Unfortunately, by doing so they destroyed everyone's trust in their competency to rate securities in the future. Obviously, they were just looking to make the bucks with very little concern for the people who depended on their abilities to rate bonds.


I don't see this situation as being much different than the scandals surrounding analysts after the Internet bubble burst. It was exposed at that time that many analysts wrote positive reports to generate business for their firms even as they wrote emails calling the stocks they were recommending "dogs" and other negative terms.

The SEC has proposed rules that will make it illegal for anyone who determines a credit rating from negotiating the fee that bond issuer will pay for the rating. The SEC also wants bond rating agencies to differentiate their ratings between structured finance products and corporate bonds. The securitization industry wants to stop that rule because they know this separation would likely create lower ratings for their products.

In addition to looking at the how rating agencies determined their ratings, Senator Levin, who heads the subcommittee, wants to look more closely at credit-default swaps and how they were marketed.

Lita Epstein has written 25 books including "Trading for Dummies" and "Reading Financial Reports for Dummies."

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Last updated: November 14, 2009: 12:24 PM

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