« previous | MUCK HOME | next »

"It Could Be Structured By Cows And We Would Rate It": How The Ratings Agencies Helped Cause The Financial Crisis.
This morning, reports the Wall Street Journal, credit ratings agency Standard & Poor's sharply downgraded its rating for bond insurer Ambac Financial, anticipating that the company's debt obligations would continue to absorb losses.
Why should we care?
Because this seemingly mundane piece of financial news offers a window into one of the crucial -- and often under-covered -- causes of the financial crisis currently shaking Washington and the country: the role of the credit ratings agencies. And inside that wider crisis, as we'll be making clear in the coming weeks, there's perhaps as much muck, both personal and institutional, as anything the Bush administration has given us over the last eight years.
First, a very quick and dirty rundown of the issue:
The banks and insurers felled by the collapse of the housing market relied on the three major credit ratings agencies -- S&P, Moody's, and Fitch -- to rate the mortgage-backed securities that they offered to investors. But here's the problem: the ratings agencies are paid for their work by the very banks and insurers for whom they're producing ratings. If the banks don't like the rating they receive from one ratings agency, they can simply go to another agency that's willing to produce a more favorable score -- what's known as "ratings shopping."
As a result, the agencies have an obvious incentive to knowingly inflate their ratings -- and sometimes even to rate junk securities that shouldn't even get a rating at all. And since many of these securities turned out to be all but worthless pools of home-loan mortgages, that's exactly what the ratings agencies often did.
Internal agency documents released last month as part of an investigation by Rep. Henry Waxman's House Oversight and Government Reform Committee show that at least some ratings analysts were aware that their ratings were more about increasing their company's bottom line than accurately gauging the value of the securities at issue.
Here's one IM exchange from April 2007, between two S&P analysts, reported last month by the Wall Street Journal --:
Rahul Dilip Shah: btw -- that deal is ridiculous.
Shannon Mooney: I know right ... model def does not capture half of the risk
Shah: we should not be rating it.
Mooney: it could be structured by cows and we would rate it.
And in a 2007 presentation to directors, Moody's CEO Raymond McDaniel wrote:
Analysts and MDs [managing directors] are continually 'pitched' by bankers, issuers, investors -- all with reasonable arguments -- whose views can color credit judgment, sometimes improving it, other times degrading it (we 'drink the kool-aid'). Coupled with strong internal emphasis on market share & margin focus, this does constitute a 'risk' to ratings quality.
At a hearing he held on the issue, Waxman himself quoted another S&P analyst asserting:
Rating agencies continue to create an ever-bigger monster, the CDO market. Let's hope we are all wealthy and retired by the time this house of cards falters.
The ratings agencies are now being forced by events to at last downgrade some of these securities -- hence today's news about S&P's belated move to downgrade Ambac, which sent the company's stock plummeting.
Indeed, this same dynamic preceded the collapse of insurance giant AIG in September. Until the 15th of that month, S&P had rated its unsecured debt at AA minus, far above what it merited given the value of the underlying mortgages -- leading investors to see AIG as a secure bet. When, on that day, S&P suddenly and severely cut their rating to bring it into line with reality, the company was required to post $14 billion to comply with the terms of the credit default swap agreements they had entered into. That was $14 billion AIG didn't have, and all of a sudden, U.S. taxpayers were on the hook.
It doesn't have to be this way. Sean Egan is a founder of Egan-Jones, an independent ratings agency that's paid not by insurers, but by investors. In testimony before Waxman's committee, and again in an interview with TPMmuckraker, Egan emphasized that -- despite the apparent personal corruption of individual analysts and senior management at the agencies -- the only way to fix the problem is for the federal government to take steps to re-align the system of incentives that prevails on the agencies. If they're rewarded for giving investors an accurate picture of the value of securities, they'll be likely to do so. If not, they'll keep pumping up their ratings to please the banks. And soon enough, a new house of cards will rise and fall.

















Thanks again, Phil Gramm and Alan Greenspan! Everyone knows that if they're unregulated and left to their own devices, financiers will produce the best outcome for everyone, not just for their own short-term profit, right?
November 19, 2008 6:13 PM | Reply | Permalink
It's important to recognize that you don't need corrupt ratings agencies to make this happen (although, as the email excerpts show, it clearly helps). All you need is honest differences of opinion, or differences of intelligence/sophistication among rating agencies and the ability for issuers to decide which agency they will use for a given security. Then the agency known to be most optimistic about that kind of security will get the business. (It's like the stories from the arbitration field where arbiters who rule for consumers in contract disputes don't get any repeat business, only a little more complicated.)
What made this particular debacle even worse was the stupidity and greed of the people buying the securities. Usually, you might have some kind of pushback where people might question the quality of a bond that offered particularly high yields for its rating category (because if it were rated lower, it would have to be sold cheaper and thus yield even more). But so many people were limited to buying AAA only and so had no interest in seeing something with a nice-looking yield rerated, because then they wouldn't be able to buy it...
I'm not sure whether ratings agencies paid by investors ultimately lead to any less perverse incentives (albeit in other directions) than ratings agencies paid by issuers. Maybe some kind of pool, or maybe the agencies should be paid entirely in the securities they rate, held to maturity.
November 19, 2008 8:39 PM | Reply | Permalink
This isn't just a crucial piece it's a principal reason for the financial crisis. Everyone blames the sub-prime lending market but that was just the final straw and a relatively minor element. Rating agencies should be dismantled just like accounting firms were for overstating balance sheets. The saddest part of all of this is that the extent of the losses won't be known until late spring next year when the short term lending by the fed comes due. We, the taxpayers have ponied up roughly 4.38 trillion in various facilities (including the TARP) the majority of which (subject to some exceptions) come due in the spring. The CDO market is roughly 72 trillion. Most investments are being made in extremely short term facilities and no one is taking paper on a long-term basis given the underlying concern about what the value of that paper will be come the summer of '09.
If this house of cards really does come down, we're in for a downward spiral that will make the last quarter look like a bull market.
November 19, 2008 11:46 PM | Reply | Permalink
Because of the baited and incestuous relationships in the finance industry, is it reasonable to expect any charges of fraud be issued? The hearings seem to be exploring the structure of the mess, which is important, but who in the Federal is charged with reacting to the scary evidence we keep hearing?
Opinion is one thing, but fraud is an easy measure in reasonableness. From the standpoint of the individual investor, it is easy to see that somewhere along the line someone lied about the security's character. Perhaps it is a mob mentality reaction, but shouldn't there be a louder call for heads to roll? My own fault for the blissful and rapturous knowledge of my own checkbook issues. At times, I get a macabre respect for China's Party capital punishment response to acts against the body politic, at least in spirit.
Is there an Elliott Ness in this effort to reclaim control over our financial institutions?
November 20, 2008 12:04 AM | Reply | Permalink
I again recommend The End by Michael Lewis.
http://www.portfolio.com/news-markets/national-news/portfolio/2008/11/11/The-End-of-Wall-Streets-Boom
November 20, 2008 11:33 AM | Reply | Permalink
Redshift has it down. Hopefully the argument that business organizations are superior to government organizations has been proven wrong.
My chief complaint against business is that anything is justified in the pursuit of profit. Greed is good, lies are their lifeblood, and stealing is the order of their day. Surprisingly enough, the most ethical businesspersons I know are involved in the black market. You think twice about screwing people over when they kill instead of sue.
It is time for us to view the business person not as a hero, but as a necessary evil, like a slaughterhouse worker. They have proven themselves selfish and without loyalty to America.
November 20, 2008 11:47 PM | Reply | Permalink