New York-The staff of the Securities and Exchange Commission (SEC) is considering recommending civil legal action against the Standard and Poor's debt ratings agency over its rating of a 2007 collateralised debt offering. Collateralised debt obligations, also known as CDOs, are securities tied to multiple underlying mortgage loans. The CDO generally gains value if borrowers repay. But if borrowers default, CDO investors lose money. Soured CDOs have been blamed for making the 2008 financial crisis worse. Ratings agencies have been faulted for being lax in rating CDOs. The SEC staff said it may recommend that the commission seek civil money penalties, disgorgement of fees or other actions.
S&P has been under fire for its recent downgrade of US debt, as well as several bad calls it made leading up to the financial crisis and economic meltdown that began in 2008. The unit's president stepped down last month. McGraw-Hill Companies, which owns S&P, said yesterday that it received a Wells Notice from the SEC's staff on Thursday. In issuing Wells notices, the SEC enforcement staff gives companies the chance to make the case why charges are unwarranted. That means a formal decision by SEC commissioners to file charges may not occur. S&P said it had been co-operating with the commission and plans to continue co-operating on the matter.
McGraw-Hill shares fell 90 cents, or 2.1 per cent, to US$42.03 in morning trading. The news comes two weeks after McGraw-Hill announced that it plans to split up into two public companies with one focused on education and the other centred on markets, featuring the Standard and Poor's unit. The decision had been expected, as investors have pushed the New York company to boost the company's stock price, which has dropped by more than 40 per cent since 2006. (AP)
