Xequecal wrote:
I think I'm missing a key point here. Moody's and S&P are public corporations. Warren Buffett/Berkshire Hathaway is the biggest stockholder. They do not answer to nor are they run by the government. This was my entire point. They are private rating agencies, yet their conduct in the last few years has bordered on outright fraud. They've been handing out undeserved AAA ratings left and right for their own financial benefit, not to mention blackmailing corporations that don't want to go along with their crap by giving low ratings to those that don't cooperate to destroy them. You say private raters will regulate themselves, but when our current private raters are so mad with power that they actually see refusal to submit to their whims as evidence of unsound business practices, well, that doesn't bode well for your theoretical completely unregulated companies.
That is the point you are missing. The Federal Reserve "does not answer to nor is run by the government." Freddie and Fannie, "did not answer to nor was run by the government." The Federal Reserve requires entities be rated by two of the either Standard & Poors, Moody's or Fitch's. Thus they operate implicitly as government sanctioned semi-regulatory body, sort of a counterpart to the SEC except when dealing with finacial vehicles, rather than more broad encompassing domain of "securities trading".
Basically, if we argue that the ratings issuers are in bed with certain private firms (since the private firms pay to participate in the ratings schedules and thus there is a mutual conflict of interest) then this is a comprimise of their core business. Remember, you are paying them not only for their technical aspects of their product, but their integrity as well.
If you want to force people to have due diligence when this integrity is lost, you are basically saying you want a law that forces people not to be stupid. But stupidly is regulated by the market, itself.
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I'm really not sure how you jumped to compelling testimony of government officials. I wasn't talking about government officials at all, the SEC CAN force the employees of a company suspected of fraud to testify under oath. No private ratings agency can possibly do this.
Well you said "employees" I thought you meant the hypothetical employees of a hypothetically fully integrated credit-worthiness assement entity. However, the point still stands, because my point that compelling "truth" from large investment or brokerage entities isn't effective, just as it isn't effective when Bernanke testifies in front of Congress. Remember, Bernanke is also technically a chairman of a private organization. It isn't effective because the testimonies aren't there to actually uncover the truth. The testimonies generally happen to the benefit of Congress so they can say they tried to mitigate the problem.
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Yes, both the ratings issuer and those borrowing on credit want an accurate ratings schedule. But it's virtually impossible for them to get one. Assume for a second that, well, any example company is engaged in shitty business practices or outright fraud, practices that will bankrupt them if they come to light. If the private agency gets suspicious and starts an investigation, what incentive do the executives of this company have not to lie harder than politicians in a sex scandal? If their duplicity is exposed, they are bankrupt anyway. The ratings company can't threaten them with anything worse. The corrupt corporation's best option is to go full coverup and hope the malfeasance is missed.
What you are saying is that people shouldn't take the due diligence to actually invest wisely. If the company gets investigated by the ratings issuer acts suspicious when the investigation begins, that sends the investors the same signals as if their ratings got slashed.
If you had money in a mutual hedge fund trading ETF's on a foreign market, say the Chinese Hang Seng, and the company that was brokering your investment suddenly stopped allowing the users to view their accounts online, what would you do? Would you keep your money there? You wouldn't withdraw your investment? Ok, so Lucky Strike Security Investigations (fictional) starts an investigation and the testimony coming from the president overseeing the brokerage division handling this fund says "No, we are not aware of a problem with our online fund management website. Our investors don't need to worry, our investments are sound." and doesn't offer a techinical IT explanation in his public statement, you would leave your money there? And then, on the message board, people start to post they are withdrawing their funds and buying securities or just cash, you would still leave your money?
You would deserve to lose your money, the company would deserve to go bankrupt, and their CEO's deserve to lose the trust and have a huge black spot on their resume.
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I mean, what can this ratings company possibly do? Even if the executives of said corrupt company each signed individual contracts that they're breaching, the company still can't do anything. You could sue for breach of contract but the revelation will bankrupt them anyway so that's trying to get blood from a stone.
Yes, that's one thing they could do. They could also hire a batallion of archers to fire burning arrows at their building.