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Richard (RJ) Eskow

Richard (RJ) Eskow

Posted: August 30, 2010 03:05 PM

There's been a lot of talk recently about the enormous power that's been given to the Deficit Commission, which is co-chaired by Alan "Social Security recipients are milking it" Simpson and dominated by people who have advocated cuts to Social Security and Medicare. But here's an aspect of the story that's gone unremarked: Standard & Poor's, the credit rating agency whose reputation should rightfully have been shattered by the economic crisis, is now dictating policy to the United States government. S&P just put our elected officials on notice: Submit to the proclamations of the Deficit Commission or we'll downgrade our rating of government debt.

That's blackmail, plain and simple. This threat comes from a privately-owned company whose rating process is riddled with conflicts, and which has gotten virtually every critical assessment of recent years spectacularly wrong. Enron? Lehman? Subprime mortgages? They were zero for three. Yet rather than reining back their penchant for reckless proclamations, the chairman of S&P's "sovereign rating committee" said that our elected officials' response to the Deficit Commission would be crucial to its analysis of US debt. John Chambers said last week: "It is very important for the credit standing of the United States that the Congress considers very carefully what the fiscal commission proposes." Just in case his intent wasn't clear enough, he added: "It is very important for Congress to take the required steps."

"Sovereign" is right. That's a kingly proclamation.

Bear in mind, we supposedly don't know yet what the Deficit Commission will propose. (We have a good idea, of course, since both the Democratic and Republican co-chairs are long-time advocates for cutting Social Security.) The total extent of the Commission's recommendations, and the extent to which they'll actually provide financial stability, are supposed to be completely unknown at this point. S&P's statement isn't an analysis, since there's nothing to analyze. It's a threat: Turn your authority as elected representatives over to this unelected body or we'll cause financial damage to the United States Government.

It's not a hollow threat, either. This statement was made one day after S&P downgraded Ireland's debt. A downgrade could cause massive harm to the United States government at a time of extreme difficulty. Debt could be harder to obtain, and it would become more expensive. That, in turn, would plunge the US deeper into debt. So who, exactly, is issuing this warning? What kind of credibility do they have?

Standard & Poor's is a division of McGraw-Hill, a publicly traded publishing company. They are a for-profit company, as is their fellow rating agency Moody's (which issued a similar threat last March). Both of these for-profit companies have eagerly pursued the very institutions they were rating, to disastrous effect. Internal documents obtained by the Levin Subcommittee showed that both Moody's and S&P let the profit motive compromise their judgments in the run-up to the economic meltdown. As we noted in a previous analysis, one internal S&P email said this about a rating they did for a customer: ""I don't think this is enough to satisfy them. What's the next step?"

Here's another example of S&P's integrity. When an analyst asked to review loan files for a security he was asked to rate, his supervisor told him the request was "TOTALLY UNREASONABLE!"

And consider this reported comment, which occurred during exploratory acquisition talks with investment research company Morningstar: "The S&P people insisted to Joe Mansueto (Founder/Chairman) that he was leaving big mounds of money on the table by not charging mutual funds for their 'star' ratings. Joe replied to the S&P bidders that it was an obvious conflict of interest to charge the funds for their own ratings -- how would Morningstar maintain its independence? They called him naive -- and stopped the merger talks."

The comments, though unconfirmed, have not been denied. Expert money manager Barry Ritholtz, who reported the story, indicated his confidence in his source and added, "This anecdote rings rather true to me."

Moody's fared even worse in our review of Levin Subcommittee documents. Of four key objectives for its Structured Finance Group, responsible for ratings, "high quality ratings and research came in dead last - behind "generating increased revenue," "increasing market share ...," and "fostering good relationships with issuers and investors."

Get the picture?

Why would companies like Standard & Poor's and Moody's issue threats of this kind? There could be many reasons. One might be to please its corporate clients, who would like to see government spending cut for both ideological and business reasons. Another might be to encourage cuts in Social Security because, under current proposals from both parties, that would place more retirement savings in funds and accounts managed by S&P's key clients. Moody's may also legitimately believe that the deficit needs to be reduced immediately, which is debatable on economic grounds. But if the Moody's action was arguable, S&P's statement is indefensible.

The ratings agency system is broken. These private companies have accrued enormous power without earning it. A lot of that power has been handed to them by government actions that rely on their ratings. That's why the Senate voted for the Franken Amendment, which -- while leaving these companies private -- would have removed the inevitable conflict of interest that's created when they compete for business. (The House/Senate Conference eliminated the Franken Amendment, calling instead for a two-year study. While the final bill is weighted toward an action of the kind called for by Franken's amendment, two years gives lobbyists a long time to influence the outcome.)

Standard & Poor's are called "agencies," but they should be called by their proper name: For-profit companies. These "ratings companies" have undermined the free market by allowing powerful issuers and investors to influence their own ratings. Markets with bad information - information that's bought and paid for - aren't really "free."

Now the "rating companies" are targeting the democratic process, too. We need a national discussion about the proper role of these companies, before they cause even more damage. Standard & Poor's should be reprimanded for its inappropriate and unprofessional intrusion into the working of government. And everyone needs to be reminded: Neither Congress nor the Executive Branch can 'outsource' the democratic process. They are our elected representatives. They must not be forced to submit to conflict-ridden private companies with a track record of failure.

_______________________________________________________________

Richard (RJ) Eskow, a consultant and writer (and former insurance/finance executive), is a Senior Fellow with the Campaign for America's Future. This post was produced as part of the Curbing Wall Street and Strengthen Social Security projects. Richard also blogs at A Night Light.

He can be reached at "rjeskow@ourfuture.org."

Website: Eskow and Associates

 

Follow Richard (RJ) Eskow on Twitter: www.twitter.com/rjeskow

 
 
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This user has chosen to opt out of the Badges program
12:34 AM on 09/01/2010
It's not clear that it's blackmail. They might also be crying wolf.

But more importantly: it's just more bad publicity for them, bringing it out into the forefront once again that they don't care about their research and methodology, but only about revenue.

I wonder which client would like to see the US downgraded. Sounds like one should check whether some prop desks are being influential here.
10:33 PM on 08/31/2010
This is just surreal. Who cares how the idiots at S&P rate US debt? Isn't it abundantly clear after the financial meltdown that these raters have no clue? In January S&P was threatening to downgrade Japan, maybe they did, who knows, better yet who cares? Japan doesn't. Today's WSJ reports Japan sold $26 billion of 10 year notes with a yield below 1%, and 30 year notes have a yield of 1.7%. Japan's government debt is 190% of GDP while the US is around 90%. It is the central bank and treasury that set and maintain the yield on sovereign debt not the bond markets or the bond raters. If S&P and the bond market doesn't like the yield, they can pass on the offering and the central bank can purchase the bonds. Considering the FED has purchased trillions of dollars of absolute junk to prop up too big too fail banks and other favored financial institutions, they also can use some of their balance sheet largess to support the public good. The threat from S&P is nonsense and needs to be absolutely ignored.
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MarsAmbassador
Per angusta ad augusta
10:14 PM on 08/31/2010
The SEC should turn around and charge them with fraud.
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drjasonmd
Shalom, compa!
09:21 PM on 08/31/2010
Austerity is the new weapon in the war on the middle class. They've imposed it on Britain and Greece, and it's coming soon to a sovereign state near you.

No nation is truly sovereign so long as private banks create its currency and credit.
07:50 PM on 08/31/2010
Everything the government does is 'under threat of Wall Street' . TARP - "if we don't get $700 Billion by Monday, it's the end of the world economy". "If Obama doesn't reappoint Bernanke, the markets are going to react terribly". "If the government offers competitive Health Care, the entire Health Insurance system will collapse".

I say, let Wall Street collapse.
07:46 PM on 08/31/2010
Standard & Poor's should be charged with fraud for their "AAA" CBO ratings that have devastated our economic standing.
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Kassandra
Your micro-bio is empty
07:01 PM on 08/31/2010
Yeah and these "ratings companies" helped the derivatives markets overvalue junk bonds too, didn't they?
Is our gov going to listen to them too? Probably. that's where Obama gets his "market credibility". Now I understand what he's saying.
we're toast
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HUFFPOST SUPER USER
lrobb
Gold Standard = four paws and a tail
06:31 PM on 08/31/2010
Just a question from someone who really is ignorant on this subject. Is there a government entity which vets rating agencies? How does the general public know a rating agency is ethical and valid? If the agency has a conflict of interest, how on earth did it get chartered in the first place?

In all of the financial oversight legislation enacted recently, what, if any, of it affects credit rating agencies.
06:48 PM on 08/31/2010
The whole idea of a ratings agency either public or private is ridiculous to me. If the company or government in question reports it's financials accurately (good luck with that) that is most of the information you need. Why should I trust some guys opinion?
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HUFFPOST SUPER USER
jcaunter
Profile: schizoid, INTJ
04:56 PM on 08/31/2010
The kleptocrats are lining up to loot the American people yet again, and so far plenty of those ostensibly on the left are enabling Obama and the other kleptocrats to get it done.
04:12 PM on 08/31/2010
So many comments railing against the rating agencies and corporations in general. But the most important issue seems to be ignored. The rate of increase of govt. spending on entitlement programs (Social Security, medicare, medicaid) is unsustainable and must be corrected with either reduced benefits, more taxes or both. A balanced budget or just a reasonable deficit/GDP budget cannot be achieved with just cuts in war/military spending. Even taking 75% of the earnings of the wealthy won't get us there. Wake up folks! Something major has to be done and done soon or the US will end up like a giant Greece.
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Pearlswan
Born in Philly yet my heart's now in Frisco
04:14 PM on 08/31/2010
Any evidence to support your conclusions? Sounds like soothsayer talk to me.
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MaeScott
Nubian Queen
04:26 PM on 08/31/2010
Leave the wars and watch the deficit start to shrink.
But no...rather have gins than butter.
Fox Arabia noise drivel.
06:54 PM on 08/31/2010
You are 100% correct. There are other things besides just the cost of the war. Soldiers are usually young motivated people that would be very productive in industry. Taking them out hurts that as well. Also there are all sorts of equipment that needs to be bought for the wars that causes their prices to rise which hurts consumers. Take for example bullets. They are much more expensive than before the wars so those that like to shoot or hunt have to spend more money on those hobbies than before. Also our military "protects" Europe, Japan, South Korea, and a bunch of other countries. This allows those countries not to spend on their military which reduces the tax burden on their companies which make them more competitive. Finally our Navy keeps the shipping lanes relatively open which allows shipping of goods to be much cheaper than if the shipping companies had to pay for their own security. This also allows imports to be cheaper at US workers expense.
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04:12 PM on 08/31/2010
The inevitable outcome of this is, I think, plain to see:

"Dear America. I am your trading partner. From this day forward, you must pay me in Euros. You must exchange your Dollars for Euros on the open market, as the Euro is not and will not be pegged to the Dollar."

And, likewise:

"We will henceforth not consider the credit ratings of S&P, Moody's, etc., but only our own agencies. It has clearly been demonstrated that your companies are maliciously harmful to our interests."

Boom.

I believe that it is self-evident that both of these moves are imminently sensible, even necessary, in the point-of-view of any reasonable businessman. The USA is being brazenly dishonest in its dealings and manipulative of others, and the jewel in its magic wand is the status of its currency ... a status which said currency does not deserve.

Likewise, American financial companies are being dishonest, not only with the governments and businesses of other nations, but with its own!

And, "gosh, that's why we have National Borders."
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FoonTheElder
Always choosing between the lesser of two evils
04:03 PM on 08/31/2010
Wall Street and big corporations bought our government. Why do we think they aren't going to use it to their advantage?
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Computer Geek
Logician Atheist Lefty
03:45 PM on 08/31/2010
Can you say 'nationalize' under the 5th Amendment?
03:43 PM on 08/31/2010
I agree completely with all the criticisms made in this article about the "ratings companies".

However, we need to all come to our collective senses and recognize that the current and anticipated levels of debt the nation is acquiring is not sustainable. Our governent's debt for next year is expected to be over 14 trillion dollars. In numbers it looks like this: $14,000,000,000,000. Republicans have got the get their heads out of the ideological sand and accept that some tax increases are necessary. Democrats have got to get their collective heads out of the ideological sand and accept that spending cuts are necessaary. The fantasy that we can "grow" out of this debt is a false hope.

Other than spending cuts and tax increases the only other options are default and hyperinflation. If we default, no one will loan us money and the federal government currently has to borrow almost half of what it spends. If we just print dollars to repay these debts it will resut in hyperinflation (which will make everyone mirsrable) and the bonds will become virtually worthless (which will make borrowing almost as difficult as default would). Both parties have acted grossly irresponsible with our nations resources. Petty partisanship is useless and destructive, we've got to all demand that politicians address these issues now before we really have a financial colaspe and plunge into thirld world conditions. Down with partisanship, Up with citizenship!
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Uncle Bill
ex-lawyer and teacher
04:49 PM on 08/31/2010
Argument by assertion- you conclude that current debt levels are "unsustainable" then toss out a huge number without any reference to the size of our economy which is a much larger number. Neither do you reduce the sum total of the national debt to current dollars.

The US treasury reports a surge in demand for Treasury bonds this week, the market isn't peeing in its pants, why are you?
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jeffrey678
You don't happen to make it. You make it happen.
06:41 PM on 08/31/2010
I agree !
10:14 PM on 08/31/2010
Wow! You're really smart. You thought of a fourth option: denial.

There is no measure of our debt that indicates that this is healthy or sustainable for our economic future. Here on this very web site there have been articles about the dangerous condition of our debt levels. Since your writing suggests you have some knowledge of finance and econ, you must know that the demand for treasuries was for short term paper. Few are willing to take the risk of long term or even medium term paper becasue the risk of default or inflation is too great.

Instead of Dems that are commited to not cutting programs, or Repubs who are commited to not raising taxes; we need leaders who are commited to this nation's long term survival and prosperity. Leaders who can build concensus and give people the vision and courage to make sacrifices to achieve long term stability and reopen the arteries of growth that this debt is clogging up.
03:19 PM on 08/31/2010
These are indeed curious times indeed,that a financial institution can threaten the financial security of the United States of America in time of war is incredible . People are dying as they reap the benefits of living and doing business in the greatest country on earth. The gall of the financial and business community sectors of our economy is beyond belief. The "People of America " will make the ultimate decisions as to the control these institutions have to influence the lives of the "People of America". It's now apparent that reform of these entities is long over due . Too long have they exercised undue influence in our governmental policies and our economic existence. It is a privilege to do business in America,that privilege does not include the right to dominate every aspect of our lives out of greed. Unfettered greed is a crack in our economic armor that will one day threaten the very existence of America.
05:15 PM on 08/31/2010
"greatest country on earth." Explain please.