4th UPDATE: Memo: SEC Didn't Return Kolchinsky's Calls
September 30 2009 - 7:37PM
Dow Jones News
House Republicans accused the U.S. Securities and Exchange
Commission of being slow to respond to an ex-Moody's Investors
Service analyst who complained in September that the ratings agency
might be inflating complex securities ratings.
Eric Kolchinsky, the former Moody's employee, testified at a
U.S. House committee hearing that he was contacted by the SEC last
week after he went public with new allegations against the rating
service.
Kolchinsky has complained to the SEC twice this year - first in
March and again shortly after he was suspended in early September.
SEC officials said they were in touch with Kolchinsky after his
March complaint.
His most recent contact with the SEC was about a memo he wrote
in the summer where he outlined concerns the firm had engaged in
illegal conduct that needed to be addressed. House Oversight
Chairman Edolphus Towns, D-N.Y., said he was also concerned the SEC
failed to properly respond to a second ex-Moody's employee. That
former employee, Scott McCleskey, 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."
An SEC spokesman said: "In both instances, the agency followed
up on the complaints almost immediately and took the appropriate
action.”
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."
An SEC 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