Wednesday, October 03, 2012

SEC Sues the One Rating Firm Not on the Take

The Securities and Exchange Commission, it seems, has finally lost its mind.

In April, motivated by what I consider pure maliciousness, the SEC initiated a “cease and desist” administrative proceeding it deemed “necessary for the protection of investors and in the public interest” against Egan-Jones Ratings Co., a privately owned, 20-person firm based in Haverford, Pennsylvania, and against its principal owner, Sean Egan.

Egan-Jones, founded in 1995, is one of nine ratings companies that the SEC has accredited as “nationally recognized,” allowing the firm to rate the debt of sovereign nations, companies and asset-backed securities, among others. Notably, it is the only one of the nine that gets paid by investors instead of by the issuers of securities.

The bigger and better-known ratings companies -- Standard & Poor’s (owned by McGraw-Hill Cos. (MHP)), Moody’s Corp. (MCO) and Fitch Ratings Ltd. -- are paid by the Wall Street banks that underwrite the debt securities of corporate issuers. That is, the companies are beholden to the sellers of the products they are supposed to pass judgment on, not the buyers. That’s akin to allowing the Hollywood studios to pay the nation’s film critics for their opinions.
Read the rest here.

1 comment:

Phil said...

Outrageous. Of all the cries for Wall Street banks to be thrown in the dock, the government-abetted ratings oligopoly seems to get a pass. Year after year, these firms gave AAA ratings to junk mortgage-backed securities, yet here they are - untouched. And now, as you say, the one firm not on the take gets hit in a politically-motivated enforcement action - just as the government sued Gallup after it wouldn't get its Presidential polls in line with David Axelrod's wishes.