2nd UPDATE: Memo: SEC Didn't Return Kolchinksy's Calls
01 October 2009 - 3:25AM
Dow Jones News
The U.S. Securities and Exchange Commission didn't respond to an
ex-Moody's Investors Service analyst who complained that the
ratings agency might be inflating complex securities ratings, a
Republican congressional memo said Wednesday.
Eric Kolchinsky, the former Moody's employee, separately
testified at a U.S. House committee hearing that he was contacted
by the SEC only after he went public with his allegations last
week.
House Oversight Chairman Edolphus Towns, D-N.Y., at the same
hearing, said he was concerned the SEC failed to properly respond
to a second ex-Moody's employee. That former employee, Scott
McClesky also testified about problems at the company.
"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," Towns said. "Mr. McCleskey's
allegations indicate troubling behavior that requires
oversight."
McCleskey, a former Moody's compliance officer, sent a letter to
the SEC in March alleging Moody's had failed to update municipal
ratings. The letter also said Moody's had replaced 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 at that time.
Republicans appeared equally concerned about the possible lapses
at the SEC.
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."
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."
At the hearing, Kolchinsky alleged 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 showing
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 said an
internal review showed "the claims of misconduct are unsupported."
But he added the company has separately hired an outside law firm
to investigate Kolchinsky's claims.
Moody's Investors Service is a unit of Moody's Corp. (MCO).
Later Wednesday, the heads of Moody's, Standard & Poor's,
and Fitch Ratings will separately testify about a new U.S. House
proposal drafted by Rep. Paul Kanjorski, D-Pa., who is a senior
lawmaker on the House Financial Services Committee.
That bill goes further than an Obama administration proposal by
imposing stronger legal liability standards on credit raters to
hold them more accountable for the accuracy of their ratings.
The legislation would change the pleading standards in private
securities litigation cases to make it easier for investors to sue.
And it would allow the SEC to take civil action against raters. A
controversial component of the bill would create a collective
liability regime that would force nationally designated firms to be
held responsible for each other's actions.
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