US expected to sue S&P on ratings ahead of financial crisis; Maine AG mum on if state will join

The Standard and Poor's building in New York is seen in this file photo taken Aug. 3, 2012. Federal and state prosecutors intend to bring civil charges against Standard & Poor's for wrongdoing in its rating of mortgage bonds prior to the 2008 financial crisis, The Wall Street Journal said on Monday, citing people familiar with the matter.
CHARLES PLATIAU | REUTERS
The Standard and Poor's building in New York is seen in this file photo taken Aug. 3, 2012. Federal and state prosecutors intend to bring civil charges against Standard & Poor's for wrongdoing in its rating of mortgage bonds prior to the 2008 financial crisis, The Wall Street Journal said on Monday, citing people familiar with the matter. Buy Photo
Posted Feb. 04, 2013, at 5:16 p.m.

NEW YORK — Standard & Poor’s said it expects to be the target of a U.S. Department of Justice civil lawsuit over its mortgage bond ratings, the first federal enforcement action against a credit rating agency over alleged illegal behavior tied to the recent financial crisis.

An announcement of a lawsuit is expected on Tuesday, a person familiar with the matter said. The Wall Street Journal first reported the pending charges.

Several state attorneys general led by Connecticut’s George Jepsen are expected to join the case, said the person familiar with the matter, who was not authorized to speak publicly.

Maine Attorney General Janet Mills on Monday had no comment on whether Maine would join the lawsuit, according to Kaylene Waindle, a spokeswoman for the attorney general’s office. However, Mills will be making an announcement tomorrow that is related, Waindle said.

“This lawsuit is significant because it could augur future government action or, even worse for the agencies, more litigation by investors,” said Jeffrey Manns, a law professor at George Washington University in Washington, D.C.

A civil case involves a lower burden of proof than a criminal case would, and could make it easier for investigators to uncover potential “smoking guns” through subpoenas, he added.

It is unclear why regulators may be now focusing on S&P rather than Moody’s or Fimalac SA’s Fitch Ratings.

Shares of McGraw-Hill Cos., the parent of S&P, plunged 13.8 percent on Monday after news of the expected lawsuit surfaced, their biggest one-day percentage decline since the 1987 stock market crash, according to Reuters data. The news also caused shares of Moody’s Corp, whose Moody’s Investors Service unit is S&P’s main rival, to slide 10.7 percent.

NO MERIT TO LAWSUIT, S&P SAYS

S&P said the expected Justice Department lawsuit focuses on its ratings in 2007 of various U.S. collateralized debt obligations.

The agency had previously disclosed a probe by the U.S. Securities and Exchange Commission into its ratings for a $1.6 billion CDO known as Delphinus CDO 2007-1. It was not immediately clear whether that CDO is a focus of the case.

“A DOJ lawsuit would be entirely without factual or legal merit,” S&P said in a statement. “The DOJ would be wrong in contending that S&P ratings were motivated by commercial considerations and not issued in good faith.”

In a variety of lawsuits brought by investors, S&P has maintained that its ratings constitute opinions protected by the free speech clause of the U.S. Constitution.

A Justice Department spokeswoman, Adora Andy, declined to comment. Moody’s spokesman Michael Adler and Fitch spokesman Daniel Noonan also did not immediately respond to requests for comment.

In Monday trading on the New York Stock Exchange, McGraw-Hill shares closed down $8.04 at $50.30, and Moody’s shares dropped $5.90 to $49.45.

RATING AGENCIES “KEY ENABLERS” OF MELTDOWN

S&P, Moody’s and Fitch have long faced criticism from investors, politicians and regulators for assigning high ratings to thousands of subprime and other mortgage securities that quickly turned sour.

The rating agencies are paid by issuers for ratings, a standard industry practice that has nonetheless raised concern about potential conflicts of interest.

In January 2011, the Financial Crisis Inquiry Commission called the agencies “essential cogs in the wheel of financial destruction” and “key enablers of the financial meltdown.”

McGraw-Hill had acknowledged last July that the Justice Department and SEC were probing potential violations by S&P tied to its ratings of structured products, and that it was in talks to try to avert a lawsuit.

Last July, Mizuho Financial Group Inc agreed to a $127.5 million settlement to resolve SEC allegations that a U.S. unit obtained false credit ratings for the Delphinus CDO.

The following month, a Manhattan federal judge refused to dismiss a lawsuit brought by Abu Dhabi Commercial Bank, King County in Washington state, and other investors against S&P, Moody’s and Morgan Stanley over losses in Cheyne, a structured investment vehicle. Cheyne went bankrupt in August 2007.

A trial is scheduled to begin on May 6, court records show.

In its statement, S&P said it “deeply regrets” how its CDO ratings failed to anticipate the fast-deteriorating mortgage market conditions, and that it has since spent $400 million to help bolster the quality of its ratings.

“The lawsuit itself may prove less significant than the message it sends,” said Manns, the law professor. “Filing a high-profile lawsuit against S&P tells the rating industry at large that the government is serious about holding rating agencies responsible, and that they must be much more careful.”

BDN Business Editor Whit Richardson contributed to this report.

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