Moody’s exec denies claims of inflated ratings

WASHINGTON — The chief credit officer of Moody’s Investors Service told Congress Wednesday that a former analyst’s allegations of inflated ratings and conflicts of interest at the firm are groundless.

Richard Cantor testified that the firm reviewed the complaints by ex-analyst Eric Kolchinsky, who was suspended from his job, and found them to be “unsupported.” Kolchinsky has refused to cooperate with Moody’s inquiry into the matter, Cantor said.

Kolchinsky told lawmakers he believed Moody’s violated securities laws by issuing credit ratings the firm knew to be inaccurate.

“They still went forward and issued the rating,” he testified to the House Oversight and Government Reform Committee.

The panel’s chairman, New York Democrat Edolphus Towns, says the allegations, if true, “indicate troubling behavior” in the credit rating industry.

Another former Moody’s employee, who was responsible for compliance, warned federal regulators in March about what he said were deficiencies in the firm’s monitoring of municipal bonds.

Congress’ escalating scrutiny of the rating industry, dominated by Moody’s, Standard & Poor’s and Fitch Ratings, appears to be making investors nervous.

Shares of Moody’s Corp. fell $1.33, or 6.4 percent, to $19.48 in morning trading. Moody’s stock hit a recent high of $25.92 on Sept. 16, but mostly has fallen since and is still well below last September’s high of $34.64.

Scott McCleskey, who was a senior vice president for compliance at Moody’s until he left a year ago, wrote a letter to the Securities and Exchange Commission alleging a “lack of meaningful surveillance of municipal securities, contrary to statements by Moody’s to the public and to Congress.”

McCleskey told the SEC he became aware that New York-based Moody’s did “virtually no surveillance” on public finance securities, the debt issued by states, counties, towns and school districts.

When he raised concerns to managers, he said, “My guidance was, to put it politely, ignored.” In fact, at one point last year he and others were told in a meeting that they were forbidden to mention the issue in any e-mails or other written form, McCleskey said.

The Wall Street rating industry was widely criticized for failing to identify risks in securities backed by subprime mortgages, whose collapse touched off the financial crisis.

The agencies had to downgrade thousands of the securities last year as home-loan delinquencies soared and the value of those investments plummeted. The downgrades contributed to hundreds of billions in losses and writedowns at big banks and investment firms.

Another House panel, the Financial Services subcommittee on capital markets, is holding a hearing Wednesday on reform of credit rating agencies. An SEC official and high-ranking executives of Moody’s, S&P and Fitch are scheduled to testify. S&P is owned by McGraw-Hill Cos. Inc.

The agencies are crucial financial gatekeepers, issuing ratings on the creditworthiness of public companies and securities. Their grades can be key factors in determining a company’s ability to raise or borrow money, and at what cost securities will be purchased by banks, mutual funds, state pension funds or local governments.

The SEC recently proposed rules designed to stem conflicts of interest and provide more transparency for credit rating agencies.

SEC spokesman John Nester said Tuesday the agency “has established an examination program for credit rating agencies … that includes reviews of disclosures, policies and procedures regarding municipal securities ratings.”

“We are focusing carefully on the tips and complaints we receive and following up, where appropriate, with examinations targeting suspected problems,” he said.

Regulators say they hope to spur more competition in the rating industry — with possibly new entrants and the other seven existing agencies — challenging the dominant firms. One of the SEC’s proposals would bar companies from “shopping” for favorable ratings of their securities, by requiring companies to disclose whether they had received preliminary ratings from other agencies.