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S. & P. E-Mails on Mortgage Crisis Show Alarm and Gallows Humor

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The U.S. Justice Department files a civil lawsuit accusing S&P and parent company McGraw Hill of giving improper ratings to poor mortgage investments which allowed them to inflate in value, creating the conditions for a crash in these investments when the crisis happened in 2008. The penalty sought by the Justice Department and the attorney generals for 16 states is $5 billion to cover losses to investors such as state pension funds and federally insured banks and credit unions. The civil suit comes 5 years after the onset of the financial crisis of 2008, which created the greatest financial crisis since the 1930's. Negotiations for a settlement were conducted by the Justice Department with McGraw Hill for an extended period of time. The talks broke down in January 2013. In these negotiations the Justice Department sought a penalty of over $1 billion and S&P's acceptance of wrongdoing. S&P countered with a proposed settlement of $100 million. The government pushed for admission of guilt on at least one count of fraud. It is not known why the Justice Department filed this lawsuit 5 years after the crisis when the public's memory of the ratings issue is beginning to fade. Is it because the preparation of the case required this much time, the action not taken because it would be seen as punitive in 2011 when S&P downgraded the U.S. sovereign credit rating, the fragility of the economy in 2011, because of the approaching election in 2012, or some other reason. One of the reasons why it was important to take corrective action early was to preserve the integrity and credibility of financial markets, so critical for public confidence. An additional reason was to secure from credit ratings companies the internal reforms and change in leadership and culture that would prevent recurrence and damage to the economy. An example of this change is the change in leadership and culture underway at Barclays bank in Britain after the investigation into the manipulation of the London Interbank Offered Rate or LIBOR. The Justice Department action in this respect is an advance from the policy at the S.E.C., which has not insisted that companies involved in the crisis admit wrongdoing, setting up the process for changes in leadership and culture such as the one at Barclays.

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S. & P. E-Mails on Mortgage Crisis Show Alarm and Gallows Humor

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S&P to Pay $1.5 Billion to Resolve Crisis-Era Litigation

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The Stone Unturned: Credit Ratings

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S. & P. E-Mails on Mortgage Crisis Show Alarm and Gallows Humor

New York Times 02/05/2013

Regulators Struggle With Conflicts in Credit Ratings and Audits

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Grouped Articles

Rating Firms Steer Clear of an Overhaul

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A Warning Light to Alert the I.M.F.

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The Stone Unturned: Credit Ratings

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S. & P. E-Mails on Mortgage Crisis Show Alarm and Gallows Humor

New York Times 02/05/2013

S.&P. Settlement Leaves Future Unclear for Ratings

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Grouped Articles

Obama Presses Regulators to Finish Financial Rules

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S. & P. E-Mails on Mortgage Crisis Show Alarm and Gallows Humor

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S&P

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Grouped Articles

Raters Fail to See Defaults Coming

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New S&P Chief Knows Crisis and Change

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At S&P, a Crusader for Tough Ratings

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Credit Officer Switch at S&P

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U.S. Sues S&P Over Ratings

Wall Street Journal 02/05/2013

S. & P. E-Mails on Mortgage Crisis Show Alarm and Gallows Humor

New York Times 02/05/2013

S&P ratings of mortgage debt and the Justice Department civil lawsuit

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Grouped Articles

S&P's Account of An Irate Treasury Secretary

New York Times 01/21/2014

SEC Tells S&P It Could Face Enforcement Action

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Regulators Struggle With Conflicts in Credit Ratings and Audits

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S.&P. Nears Settlement With Justice Over Inflated Ratings

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S&P to Pay $1.5 Billion to Resolve Crisis-Era Litigation

Wall Street Journal 02/04/2015

S.&P. Settlement Leaves Future Unclear for Ratings

New York Times 02/03/2015


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