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Underrated: S&P, Moody's, Fitch ... and PIMCO

By Ed Leefeldt | Nov 21, 2009

It’s been a tough week for the big three rating agencies: Standard & Poor’s, Moody’s Investors Service, and Fitch Ratings, which seem to be following in the footsteps of the big three auto makers.

First the National Association of Insurance Commissioners put up a “No Help Wanted” sign; at least as far as they were concerned. After a semi-secret bidding contest, the NAIC announced that it had anointed PIMCO, the big bond firm with more than $900 billion under management, as the arbiter of value for more than $145 billion of residential mortgage-backed securities that insurers hold in their portfolios.

To make matters worse, yesterday Ohio Attorney General Richard Cordray slammed the three big raters with a lawsuit, charging them with costing the Buckeye State $457 million by giving their seal of approval to what turned out to be high-risk securities that subsequently went bust in the real estate collapse.

Cordray will attack the rating agencies’ defense that they have the First Amendment right to freedom of speech and can say something, even if it’s wrong, by claiming in effect that they are journalists.

But journalists should not take money from the subjects of their stories, while S&P, Moody’s and Fitch use a business model where companies pay them to rate their bonds. “Credit rating agencies, in exchange for fees, departed from their objective, neutral role,” Cordray claims, selling their integrity to the highest bidder. As the New York Times points out, other state attorneys general have already filed suit against the raters, or are considering it.

This should make PIMCO a little wary about “winning” the NAIC contest. Already the NAIC method of selection has been called into question by the Consumer Federation of America and its insurance advocate, former Texas Insurance Commissioner J. Robert Hunter, who is calling on the NAIC to make public the other 10 applicants for the job.

The Wall Street Journal also weighed in, noting that PIMCO, which is itself owned by the German insurer Allianz SE, may have a conflict of interest, particularly if rating bonds owned by Allianz. PIMCO also has a lot of mortgage bonds in its portfolio, some of which were bought from the Federal Reserve and, as the Journal points out, PIMCO’s ratings could help - or hurt - its own investments.

There may be no viable solution to rating these bonds, but that won’t stop the attorneys general from filing suit. At least the lawyers will make money.

Ed Leefeldt is an award-winning investigative and business journalist who has worked for Reuters, Bloomberg and Dow Jones, and is the author of The Woman Who Rode the Wind, a novel about early flight.

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  •  
    1

    asiafinancenews

    11/21/09 | Report as spam

    RE: Underrated: S&P, Moody's, Fitch ... and PIMCO

    Ed Leefeldt may wish to to educate himself further regarding the commission of deliberate fraud by S&P, Moody's and Fitch:

    http://www.globalsecuritieswatch.org/EU_Consultation%20_Public_Comment_(Short_Version).pdf

  •  
    2

    lemmoth

    11/21/09 | Report as spam

    RE: Underrated: S&P, Moody's, Fitch ... and PIMCO

    Ok folks - time to tell Deloitte, PWC, E&Y amd KPMG that they need to get paid by the stockholders now and not by company management.

    After all, we can't have our external auditors paid by those whose financials they review, right????

    This conflict of interest canard is ridiculous. The larger financial problems are all abour psychology and market participants and bubbles and greed versus fear.

    In 2004-2007 greed won big time and everyone on the chain performed in a way that was in the least unprofessional - mortgage seekers, mortgage brokers, investment banks, investors, regulators.

    Rating agencies performed spectacularly well for the most part for 100 years (as did the auditors). They perform a great and independent service for investors by evaluating all types of debt instruments, with a forward looking view and with an independence to the volatile whims of markets.

  •  
    3

    Ed Leefeldt

    11/23/09 | Report as spam

    RE: Underrated: S&P, Moody's, Fitch ... and PIMCO

    To Asiafinancenews: Thanks for the tip.

    To Lemmoth: I couldn't agree more.

  •  
    4

    PB149

    11/24/09 | Report as spam

    RE: Underrated: S&P, Moody's, Fitch ... and PIMCO

    The comparison to accounting firms changing their business
    model is completely unfounded. Firms typically contract with
    ONE outside accounting agency to review their
    financials. Competing auditors would, at most, be able to vie
    for a competitor's client on an annual basis.

    Bond ratings are an entirely different animal. Companies
    issuing bonds can and do pay for ratings from SEVERAL
    agencies, not just one. It is common to have some corporate
    issues rated by S&P and others by Moody's or Fitch. For EACH
    new note/bond float, rating agencies compete to rate that
    particular issuance. Debt issuances happen on a fairly regular
    basis. At each point, the ratings contract could be assigned to
    any one of the contenders.

    Corporate issuers are looking for the best rating to secure the
    lowest possible interest rate on their issuance. For brokers or
    third-party debt repackagers, a high rating is
    CRITICAL to their offering. Why? Because their
    target buyers, mutual funds and institutional investment
    managers, have been given compliance rules, either from the
    client (e.g., the Ohio State Teachers Pension Fund) or the
    board of a mutual fund.

    Compliance rules can't be violated by the investment
    manager. A compliance rule might read something like:
    "Under no circumstances shall the portfolio hold any bond
    rated less than A- (or its equivalent) by a NRSRO.", [see
    below for NRSRO definition]. This would be a fairly common
    compliance guideline for risk averse investors.

    If a broker or third-party packages up a MBS (Mortgage
    Backed Security), if it isn't rated A- or better, it COULD NOT be
    sold to a big chunk of the institutional market. Naturally,
    these issuers were looking (shopping as some have said) for a
    desirable rating. And since the issuer was deciding who to
    pay....

    While there is plenty of blame to go around for our financial
    meltdown, the unavoidable fact is someone had to buy all of
    these hybrid MBS, CMOs, CDOs and other variants. Those
    buyers, largely institutional investment managers were able to
    purchase these securities BECAUSE the securities met
    compliance requirements. And when the ultimate investor saw
    these A rated instruments in their professionally managed
    portfolios, they were able to sleep at night because they
    RELIED on the debt ratings from Moody's, S&P, and Fitch.

    If some of these issues were rated for what they truly were,
    the purveyors of these securities would have had to find
    something else to sell. Without a high rating, the securities
    just wouldn't have met many compliance guidelines and would
    have been dismissed out of hand by investment managers.

    Bottom line - No ratings, no sale. No sale, no accident-
    waiting-to-happen. But of course there were ratings and a
    good ones at that.

    Though many journalists don't mention it, there are 10
    organizations the SEC permits to issue ratings for regulatory
    purposes, a/k/a NRSROs (Nationally Recognized Statistical
    Ratings Organizations). Typically, we hear only of S&P,
    Moody's, and Fitch.

    At least one NRSRO, Egan-Jones, uses a different model for
    issuing ratings - the Investor/Institutional investment manager
    PAYS Egan-Jones for the rating. In this business model,
    everyone is properly incentivized. No one has a bias or undue
    influence. It seems reasonable enough - until one considers
    the lucrative businesses built by S&P and Moody's.

    btw - Egan-Jones subscribers saw ratings falling for many
    companies far in advance of Moody's and S&P finally dropping
    their rating levels. See their website for more details.

    If one has the interest, there are a number of research papers
    available from academia with more information on this topic
    and plenty of data to support their findings.

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