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Richard Blumenthal, CT AG, Sues Moody's, S&P, Says They Knowingly Falsified Debt Ratings

Richard Blumental Ratings Agenices

STEPHEN BERNARD   03/10/10 02:18 PM ET   AP

NEW YORK — Connecticut's attorney general sued Moody's Investors Service and Standard & Poor's over ratings the agencies issued on risky investments.

In the civil lawsuit filed Wednesday, Attorney General Richard Blumenthal alleged Moody's and S&P knowingly assigned false ratings to complex investments that pushed the country into recession.

The suit, which Blumenthal called the first of its kind against ratings agencies, is being brought under Connecticut's unfair trade practices law. The attorney general is seeking penalties and fines that could reach into the hundreds of millions of dollars, he said.

"Moody's and S&P violated public trust – resulting in many investors purchasing securities that contained far more risk than anticipated and that have ultimately proven to be nearly worthless," Blumenthal said.

The securities in question are complex bonds backed by pools of mortgages. Most of the mortgages were subprime loans given to customers with shaky credit history. Those investments have lost much of their value in recent years as mortgage defaults skyrocketed.

The attorney general called the ratings process "deceptive and misleading" during a news conference. He said lucrative fees Moody's and S&P received for rating the investments affected their objectivity in rating the debt. Companies issuing the investments paid Moody's and S&P to rate it.

Many of the investments were given top "AAA" ratings during the peak of the housing market between 2005 and 2007. Then the market turned. Defaults mounted, home prices plummeted and the investments lost much of their value.

Most of the ratings have since been cut severely by Moody's and S&P.

Steven Weiss, a spokesman for S&P's parent McGraw-Hill Cos., said, "We believe the claim has no legal or factual merit and we intend to vigorously defend ourselves against it."

A spokesman from Moody's said, "This state's attorney genera's suit is without merit and we are confident we will prevail once we have an opportunity to present the facts of the case."

Some pension funds have already sued Moody's and S&P as well as Fitch Ratings over their role in rating risky investments that collapsed during the recession and credit crisis.

Wednesday's lawsuit comes on top of past civil charges Blumenthal made against the ratings agencies claiming they created dual standards for rating government and corporate debt. In July 2008, Blumenthal accused Moody's, S&P and Fitch Ratings of giving cities and towns artificially low credit ratings that ultimately cost taxpayers millions of dollars in unnecessary insurance and higher interest payments.

That suit is still pending.

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Mort Twain
Mort Twain writes society's wrongs.
08:25 PM on 03/11/2010
Blumenthal shows promise. As a Connecticut resident I always invoke the name of Blumenthal when dealing with whoever is cheating me at the moment and it has always been helpful throughout the years. He's going to replace Dodd ... and Blumenthal, not Dodd, is running on the theme that credit card rates are usurious and should be rolled back. Blumenthal, in my opinion, is definitely worth a try and if he keeps his promises and Obama doesn't, I'd vote Blumenthal for President.
05:35 PM on 03/11/2010
"Moody's and S&P knowingly assigned false ratings to complex investments"

No Shift!
03:16 PM on 03/11/2010
The United States of America has not been a democratic-republic (or republican-democracy) for many decades now.

We live in a complete and utter plutocracy.
03:12 PM on 03/11/2010
Duuuh. We've known for quite some time now that these credit agencies were in bed with the big banks and investment firms and that they have had a symbiotic relationship. Together these two entities were the foundation and base motivation for the real estate bubble, the subsequent collapse of the market, and the resulting long, deep recession - and they knew this was going to happen but that didn't matter because they also knew of the billions in short-term profits and bonuses they would make. What they did created this situation where millions of people are now or may end up jobless, homeless, and penniless.

And what is going to happen to the individuals and companies that created this situation?

N - O - T - H - I - N - G.
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HUFFPOST SUPER USER
davholb
Never stand between a CEO and a "hydrant"!
01:27 PM on 03/11/2010
This decision by the CT AG could and should turn out to be the most profound event in addressing this subprime financial circumstance yet. It should have been addressed two years ago. What is the mystery here? I am not a financial guru, but if provided 75 mortgages which were completely felonious ("investigate" is that not what a financial analyst is supposed to do) out of a 100, how in the hell could anyone provide a AAA rating to this type of investment and call themselves a "credit rating institution"? other than to "shut up" "approve it" , collect the fee, then send it to the brokerage houses so they could sell it to thier investors and substantiate their fees" Fraud, misrepresentation equals felonies plus....This is the start of something big and should be!
12:26 PM on 03/11/2010
Remember, the Spewpreme Court has just made corps(e) into live people, so how's about taking the senior staff to a criminal trial en masse. Single spokesperson; ruling only accounts for one personhood per corp(se). And each gets to share in the sentence equally.
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10:41 AM on 03/11/2010
Can you say opportunist in the Liberman style?
10:09 AM on 03/11/2010
Once again Connecticut Attorney General Blumenthal shows exactly why he will be such an outstanding addition to the US Senate...As his knowledge and willingness to responsibly curb financial industry abuses will serve "all" Americans well—regardless of party. Much like the call for a functionally “independent” Consumer Protection Agency…AG Blumenthal’s efforts to ensure the accuracy of Moody’s ratings go to the very heart of restoring waning consumer confidence, security and trust. Most critically for recovery, justifiably untrusting investors may well need this type of assurance in order to fully invest with confidence again! Moody’s word must be gold and thankfully AG Blumenthal’s laudable efforts to ensure accountability may again make this a reality. Moreover, his efforts will also help to ensure that "good" actors and sound business practices are again rewarded. This would truly benefit “every” street in America…including Wall Street…and that should be the true goal.
09:59 AM on 03/11/2010
Sit down and shut up. Doesn't this man know that interfereing with commerce is a hanging offense here in the CPSA? These are ratings agencies. They make up the numbers based on the amount of the bribes they receive. Now tell me, is there anything more American than that?
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Papa Swamp
Apex predator, ocean freak.
09:52 AM on 03/11/2010
This will be very interesting to see if it succeeds. If it does expect numerous states to also file suit. Additionally, this may for rating companies to properly rate risks...expect a huge number of downgrades to follow.
08:22 AM on 03/11/2010
Of course they did. Where do you think emails of "We would rate a cow" and "Hope I can retire before the roof on this House of Cards comes crashing down" comes from. The only thing a rating agency has to sell is its integrity. Well, that has been flushed down the toilet unless you are really stupid.
06:59 AM on 03/11/2010
I am for the Attorney's action. I think that other states must join this suit or open their own.

False rating from rating agencies is like contaminated meat from meat producer.

BTW, what is the current credit rating of our federal government, which is trying to push through trillions of dollars of spending with the shrinking revenue source? If it is still AAA, it is a joke.
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PhilipTaylor
Legalized Bribery is an Oxymoron - must END
05:55 AM on 03/11/2010
SEC announced they were examining "potential abuse and destabilizing effects" related to Credit Default Swaps. US Dept of Justice asked hedge fund managers to document bets they placed against the euro!

1. We need proper regulatory reform related to Casino Betting
2. Those who abuse the system should be held accountable.
3. A handful of hedge funds brought a nation to their knees, so deeper issues are at work.
4. Regulate CDSs and Sovereign Swaps, where buyer cashes in if gov defaults on bond payment.
5. A European contagion could manifest despite austerity measures!
6. Problem=Massive counter-party risk in a global economy tied together with $500Tillion in Derivatives!
7. Clear why EU wants to create an IMF-style bailout fund, to be proactive rather than reactive!
8. Snuff out the next fuse of contagion using sweeping regulatory reform of BETTING vehicles!
9. Suspend CDSs as speculative vehicles except for those holding underlying bonds to hedge.
10. Knee-jerk reaction to CDS limits would reduce Shorting dramatically - So money will be invested in Real Economy (rather than the Casino).
11. Closing unhealthy Gambling Casinos that intertwine and transfer RISKS around the world is a good step to returning sensible investing with some risk!
12. Some Risk is good for investors in that it feeds the REAL ECONOMY and restores Reality that Markets Serve the Mechanics of Production and Delivering Services.
04:28 AM on 03/11/2010
"Penalties and fines"??? HOW ABOUT PRISON....they worked along with Goldman Sachs, that should be obvious..to create this world wide disaster....and all they get is "fines"??
03:40 AM on 03/11/2010
This is great. I hope he sticks it to these lying SOB's.

Don't tell me they did not know what they were rating. Wall St. is worse then the mafia.