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Schumer Helped Block Regulation Of Ratings Agencies

We told you last month about the role of the credit ratings agencies in helping to cause the financial crisis. A major part of the problem, in a nutshell, is that the major ratings agencies -- Moody's, Standard & Poor's, and Fitch -- are paid by the institutions (often investment banks) who are issuing the bonds. That gives the agencies a clear incentive to produce favorable ratings, or risk seeing the banks hire a different ratings agency that's willing to offer a better rating.

But over the weekend, in a profile of Sen. Chuck Schumer, the New York Times revealed that the veteran New York Democratic lawmaker -- who, with seats on both the finance and banking committees, has built a reputation as a key ally of the financial sector, a major industry in his home state -- played a major role in stymieing efforts to fix that problem.

Here's what happened:

In 2006, Christopher Cox, the Bush-appointed chair of the Securities and Exchange Commission -- and hardly a left-wing proponent of heavy-handed government regulation -- became convinced that the conflict of interest problem needed to be addressed.

A plan to give the SEC more regulatory authority "drew broad, bipartisan support," says the Times. But it was opposed, of course, by the ratings agencies themselves ... who turned to Schumer.

"They knew Schumer would support them," one former Moody's executive told the Times. "He was their go-to guy."

The paper adds: "While the Manhattan-based agencies were not significant campaign donors to Mr. Schumer or the Senate campaign committee, their lobbyists and many of their clients were."

As an alternative to Cox's plan, Schumer advocated a largely voluntary approach in which regulators would simply encourage the agencies to disclose their ratings methods. "They're making good-faith efforts," Schumer told Cox at a 2006 Senate hearing.

Ultimately, says the Times, Schumer was able to get the measure amended "so that it explicitly prohibited the S.E.C. from regulating the procedures and methods the agencies use to determine ratings."

In other words, he appears to have blocked the crucial part of the legislation. Sean Egan, of Egan-Jones Ratings -- one of the few agencies that largely avoided buying into the mortgage bubble, perhaps in part because it's structured to avoid conflicts of interest -- told the Times: "The bill was eviscerated. You have stripped away basic safeguards for the investors."

And sure enough, under the weak regulatory system that Schumer had helped to ensure, the agencies,as we've seen, offered high ratings to bonds based on risky sub-prime loans, encouraging investors to see them as secure, and ultimately helping to inflate the mortgage bubble.

Schumer claims to have learned from his mistakes. He supported a belated but necessary SEC move earlier this month to meaningfully address the conflict of interest problem, and related issues, saying: "The work at these ratings firms was severely compromised, and the companies were some of the biggest contributors to the current financial crisis."

But had Schumer adopted that position back in 2006, when the SEC did, the ratings agencies might not have wound up as a significant cause of our current financial turmoil.


10 Comments

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"The work at these ratings firms was severely compromised, and the companies were some of the biggest contributors to the current financial crisis."

Yes, and I'll bet they were also big contributors to his campaign war chest. Politicians and rich people in general should not be safe from prosecution. It's gotten so bad that some of them think they can torture people to death with impunity. We'll see.

Enjoy.

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Schumer has been on my list...ever since the rat supported his fellow Jew friend, Mukasey (nothing against the religion but the U.S. is not Israel, and Congress is not the Likud) refusing to hold Bush and his administration responsible for their crimes...there are quite a few of these "buddies of big-business" Democrats in Congress..how ever not as many who would screw the American people every chance they get as Schumer, Fienstien, Harman, etc.,...now that we have a Democratic majority its time to throw these "right of center" destructive, Dem's out, too....

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Schumer is such a disappointment on so many levels. This particular move to allow ratings agencies to gerrymander formulas to suit the client rather than the "public" they ought to be serving with honest assessment of investment vehicles, is one of his more reprehensible actions.
I still think the corker, and the one holding the most long term destruction is his vote to usher Mukasey in.
I don't know though, there is a lot to choose from in the long term damage category for Schumer's behavior.

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It seems nobodies hands are clean

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There are a lot of bad Democrats in Congress who ought to be shown the door. Schumer is one of them -- certainly the Mukasey episode should be enough to convince us. Hope some progressive Democrat challenges him next time he comes up for election.

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welp, i already know who i am supporting in the 2010 primary. gonna get the wheels turning!

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It can't be said enough: the ratings agencies are hugely to blame for what's happened; their CEO's should be vilified from the rooftops. Jail's too good for 'em.

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I'm not convinced (even if they had a reg about the rating agencies), that Cox and the current SEC would regulate anything and actually investigate any of the Big Financials - just look at the Madoff case.

But Slimy Schumer needs to go.

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Schumer's excuse is he's not "omniscient". I don't need omniscience from Congress but how about actively pursuing a path that is 180 degrees away from prudent?

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Ah, good old Chuckie S., or Good Luck Chuck as we used to call him back in Cambridge. Big drinker, Chuck, and not adverse to smoking a bit too, back in the day. When he was good and loaded he'd always say he'd look out for his friends -- and he has!

A BANK CEO

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