Why the US Department of Justice Is Cutting Down On Standard & Poor's

Published in Huanqiu
(China) on 8 February 2013
by Wang Wei (link to originallink to original)
Translated from by Elizabeth Cao. Edited by .

Edited by Rachel Smith

 

On Feb. 5th, U.S. Attorney General Eric Holder made an announcement to bring civil action against credit rating agency Standard & Poor’s. The agency is accused of inflating ratings of securities and credit before the financial crisis, causing investors to lose billions of dollars.

The U.S. government initiated legal proceedings against Standard & Poor’s. This is just one of a series of financial and legal cases after the mortgage crisis and this time one of the major credit rating agencies is one of the accused.

International credit rating agency Standard & Poor’s is becoming the federal government's scapegoat. The American government is now telling Standard & Poor’s to assume responsibility for part of the subprime mortgage crisis and pay $5 billion for their role. This is unprecedented action by the U.S. government on rating agencies, causing a lot of nervousness in this industry.

These past five years of the mortgage crisis are due to relatively poor-quality credit loans. In 2008, investment funds were forced to close due to lack of global liquidity, causing great turmoil in the global financial markets. In reality, the U.S. subprime mortgage crisis began to appear in the spring of 2007 and then swept the financial markets in the United States and Europe in August 2007. At that time, international rating agencies, including Standard & Poor’s, failed to reveal this risk in a timely manner, and instead gave inflated ratings. Even as the property market bubble began to break down, the rating that was reported by Standard & Poor’s ensured more profits.

The U.S. Department of Justice in the Federal District Court in California filed the lawsuit against Standard & Poor’s due to the Western Corporate Federal Credit Union’s large investment in mortgage-backed securities based on Standard & Poor’s ratings. Because of Standard & Poor’s assessment, this brought about huge losses to consumers.

Standard & Poor’s released a statement to the U.S. Department of Justice saying that their credit ratings were objective, independent, and not due to the influence of investment banks. The ratings were based on raising revenue, profit, and market share expectations aimed more at safeguarding these banks rather than safeguarding investors’ interests.

In regards to the civil lawsuit brought by the U.S. Department of Justice due to the poor assessment of Standard & Poor’s back in 2007, Standard & Poor’s said in a statement that the U.S. Department of Justice’s civil procedure is neither fair nor legal.

In actuality, Standard & Poor’s attempt to knowingly profiteer during the subprime mortgage crisis did not escape the eyes of consumers. The U.S. government caught Standard & Poor’s in the act and their actions subsequently caused the United States’ sovereign rating to go down in 2011. The Obama administration’s attempt to grind down on the credit agencies in the United States in the post-crisis period is really just an attempt to raise the prestige of the government.


2月5日,美国司法部长埃里克·霍尔德宣布,已正式对信用评级机构标准普尔公司提起民事诉讼,指控其在金融危机前给予债务抵押债券等结构性金融产品过高的评级,导致投资者损失数十亿美元。

  美国政府对标普提起法律诉讼,这是次贷危机发生后的一系列金融法律案件中,主要评级机构首次成为被告。

  国际评级机构标普正成为联邦政府追究责任的对象,美国政府现在正以涉嫌“欺骗投资者”的名义把标普告上法庭,要求标普对次贷危机担负相应责任,落实到经济层面是50亿美元的赔偿金额。美国政府对评级机构史无前例的诉讼,给评级行业带来巨大触动。


  过去五年之久的次贷危机,实质上就是信用资质相对较差的贷款主体所借的房贷发生了危机。在2008年,因次级抵押贷款机构破产、投资基金被迫关闭而引起全球流动性不足,进而引起全球金融市场动荡。实际上,美国“次贷危机”从2006年春季就开始逐步显现了,2007年8月席卷美国、欧洲金融市场。当时,包括标普在内的国际评级机构没有及时揭示风险,还给予次级房贷债务抵押债券以过高评级;当时楼市泡沫开始破裂,标普抬高评级低报风险,意在从发行抵押贷款支持证券的投行手中获得更多利润。

  美国司法部是在加利福尼亚州中区联邦地方法院对标普提起诉讼的,该辖区的西部企业联邦信用社曾因投资标普评级的住房抵押贷款支持证券和债务抵押债券遭受巨额损失而倒闭。由于标普的错误评估,给消费者带来了巨额损失。

  美国司法部的声明认为,标普发布的信用评级“并非客观、独立、不受投资银行影响”,而是“对提升收入、利润和市场份额的期望驱使其更加维护这些银行而不是投资者的利益”。

  针对美国司法部关于标普在2007年所犯的错误评估提起的民事诉讼,标普发表声明称“美国司法部的民事诉讼是不公平的,也是不合法的”。

  实际上,标普在次贷危机中浑水摸鱼、明知故犯、谋取暴利的行径,并未逃过消费者的眼睛。美国政府这次抓到了标普,也因不满标普在2011年给美国主权评级降级。奥巴马政府在后危机时期向美国信用评级机构开刀,为的是进一步抬高政府的声望。
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