UPDATE: Memo: SEC Didn't Return Kolchinksy's Calls
01 October 2009 - 2:51AM
Dow Jones News
The U.S. Securities and Exchange Commission didn't return the
calls of an ex-Moody's Investors Service analyst after he contacted
regulators to tell them he believed the ratings agency was
inflating its ratings of complex securities, according to a memo
for Republican House lawmakers reviewed by Dow Jones Newswires.
The former Moody's employee, Eric Kolchinsky, was finally
contacted by the SEC, but only after he went public with his
allegations last week, he testified Wednesday during a hearing on
rating agencies before the House Oversight Committee. Separately,
the chairman of the House Oversight Committee also raised concerns
Wednesday that the SEC has not been prompt in responding to other
concerns raised by a second ex-Moody's employee, Scott McCleskey,
who also testified about problems at the company Wednesday.
McCleskey, a former Moody's compliance officer, sent a letter to
the SEC in March that said that Moody's had not kept pace with
updating municipal ratings and also replaced several compliance
officers in 2008 with analysts and managers who were previously
involved in rating structured-finance and mortgage securities. He
said he was forced out by the company in 2008.
"I am concerned by the Securities and Exchange Commission's
inaction after receiving Mr. McCleskey's letter containing serious
allegations of wrongdoing at Moody's," House Oversight Chairman
Edolphus Towns, D-N.Y., said. "Mr. McCleskey's allegations indicate
troubling behavior that requires oversight by the Securities and
Exchange Commission. There can be no place for complacency in our
financial regulators."
Republicans appeared equally concerned about what they saw as a
failure on the SEC's part to look into Kolchinsky's allegations
about Moody's as well.
The SEC's failure to return Kolchinsky's calls "is unfortunately
not surprising given the SEC's failure to respond to concerns
raised about the Madoff Ponzi scheme," the Republican memo says.
"It also raises serious questions about the wisdom of current
Democrat proposals to entrust the SEC with increased regulatory
authority" over credit-rating agencies.
The SEC declined immediate comment, but a spokesman said the
agency has "established an examination program for credit-rating
agencies" and is "focusing carefully on the tips and complaints" it
receives and "following up, where appropriate."
Kolchinsky on Wednesday discussed what he believes are
continuing problems with conflicts of interest and inflated
ratings. As his primary example, Kolchinsky said Moody's gave a
high rating to complicated debt securities in January 2009, knowing
that it was planning to downgrade assets that backed the
securities. Within months, the securities were put on review for
downgrade. He said he had reviewed internal Moody's memos that
showed executives had approved ratings methodology changes in
December 2008 that they expected to lead to large-scale ratings
downgrades.
Moody's Chief Risk Officer Richard Cantor on Wednesday testified
that the company has hired an outside law firm to investigate
Kolchinsky's claims.
Its preliminary findings, Cantor said, "are consistent with
Moody's internal review - that the claims of misconduct are
unsupported." He added that the issues Kolchinsky raised are "of
longstanding and healthy debate" within Moody's. Moody's Investors
Service is a unit of Moody's Corp. (MCO).
Meanwhile, at a hearing later Wednesday before the House
Financial Services Committee, the heads of Moody's, Standard &
Poor's, and Fitch Ratings will testify about a new U.S. House
proposal drafted by Capital Markets Subcommittee Chairman Paul
Kanjorski, D-Pa.
That bill goes further than the Obama administration proposal by
imposing stronger legal liability standards on credit raters to
hold them more accountable for the accuracy of their ratings.
It would change the pleading standards in private securities
litigation cases to make it easier for investors to sue. It would
also empower the SEC to take civil action against raters. But
perhaps the most controversial provision entails the creation of a
collective liability regime that would force nationally designated
firms to be held responsible for each other's actions in an effort
to get them to better police one another.
All three of the companies are planning to criticize that
section of the bill, saying it would be harmful and unfair to the
industry.
- By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com