LyrArc Article Gist
S&P's faulty ratings on U.S. mortgage securities was a critical factor leading to the financial crisis of 2008-2009, and the deep recession that followed in the U.S. Recovery was only made possible by large government stimulus and central bank intervention with monetary easing on a massive scale. The effects are still evident after millions of people lost their homes in foreclosures and widening income inequality. Yet it took about 7 years before S&P accepted responsibility and settled with the Justice Department. Earlier S&P accused the Justice Department of suing the company in retaliation for a downgrade of U.S. government debt in 2011. In the convoluted upside down nature of such lawsuits and protests by defendents, McGraw Hill said that the settlement "contains no findings of violations of law." Yet the government produced 290 million documents in response to discovery requested by S&P. Associate U.S. Attorney General, Stuart Delery, the top negotiator for the government, says "put simply, the department brought this case because S&P committed fraud." Delery says no case in Justice Department history has produced this many documents. The Justice Department cited several instances of breach of duty in a statement signed by both parties. In 2007 an internal group's downgrade recommendation for a large number of mortgage securities was rejected by upper management because of concern S&P would lose business. In another cited instance S&P alters its ratings model for grading complex risky securities in 2004 with the goal of being able to issue grades for "2-3 notch improvements" and resulting "improving of S&P market share." S&P had about $1.9 billion in cash balances in third quarter 2014, say analysts, and the settlement was designed to set the right course but not hurt S&P in carrying out its role of issuing about 95% of ratings globally along with counterparts Moody's and Fitch. Mississippi Attorney General Jim Hood says S&P's responsibility lies in that banks might be expected to do something shady, but credit ratings agencies were the ones the country looked up to to do the right thing and flag this.