Why is Standard and Poors out in front of all the other credit ratings agencies in pointing a gun at the US debt rating? Because a guy named David Beers says so:
As the London-based managing director of sovereign credit ratings at Standard & Poor’s, Beers will help determine whether the U.S. government’s credit rating will be downgraded as a result of the battle over raising the debt limit.
His company has gone beyond competing credit-rating agencies to say that it isn’t enough for lawmakers to agree to lift the government’s $14.3 trillion debt ceiling. Congress and the White House also must agree to a deficit-reduction package to avoid a downgrade in the government’s AAA credit rating.
In an interview this week at Union Station, just blocks from the U.S. Capitol, Beers said he views the debt limit fight as a test of lawmakers’ willingness to tackle the deficit.
“For us, the issue is not the debt limit — it’s the underlying fiscal dynamics,” said Beers, who has been rating governments for the company for 20 years. “It’s not obvious to us that this political divide that is proving so difficult to bridge is going to be any more bridgeable three months from now or six months from now or a year from now.”
Like Robert Reich, I don’t recall Beers grumbling about extending the Bush tax cuts last December, which punched the $4 trillion hole in the deficit that they now say must be compensated for in a debt ceiling package.
Instead, Standard and Poors waited until April 18 to say there was a one-third chance of a US downgrade — four days after the President announced his plan for cutting the deficit. On July 14 they announced there was a 50% chance they will downgrade the US credit rating in the next 90 days unless a $4 trillion package to reduce the deficit was passed.
What are the consequences if Beers, like Cesar, gives the thumbs down to the US? Because there is no feasible way for their $4 trillion target to be reached by mid-August. Nobody can say for sure what the impact would be, but as the Washington Post notes it would certainly increase the cost of borrowing for the US:
Its AAA rating identifies U.S. Treasury bonds as one of the world’s safest investments — and has helped the nation borrow at extraordinarily cheap rates.
A downgrade would drive up the cost of borrowing and throw into question the global role of the Treasury bond. The Treasury serves as a crucial risk-free place to invest money — and has been a stalwart of stability amid the economic upheaval of the past few years.
The ratings agencies have been downgrading the credit ratings of states like Wisconsin and Indiana already, which has increased their cost of borrowing, which has forced them to sell off assets like highways and zoos and parking meters in order to meet their budgets. How convenient that big Wall Street private equity firms have taken enormous cash positions in order to be able to sweep up bargains in this fire sale.
What Standard and Poors is demanding from the US will not only force deep cuts to domestic programs like Social Security and Medicare, it will also make matters worse for the states (NYT):
If they really make some severe cuts, that is deleterious to the municipal bond space,” said Marilyn Cohen, chief executive of Envision Capital Management, which manages bond portfolios. “That means less trickle-down to the states, cities and counties.”
Perhaps the most serious consequence of a downgrade is that it could force funds that cannot hold assets rated below AAA to divest treasury holdings from their portfolios (NYT):
One of the worst possibilities that people in the financial industry, like Mr. Lengsfield, have been discussing is that scores of insurance companies, pension funds and mutual funds might be forced to dump their Treasury holdings. Some investors have rules that they cannot hold assets that are rated below AAA. It was this sort of rule that drove the forced selling of mortgage bonds during the financial crisis.
That’s just what the fragile economy needs right now, a sell-off of US treasuries and an increase in interest rates. Because David Beers says so.
It was Beers who put S&P out there in front of every other credit ratings agency. They broke the IOSCO code of conduct, as well as their own, when they put a $4 trillion price tag on the deficit package they require. They played politics again when they recently adjusted the way that they assign credit ratings to states so they could ding them for meeting their pension fund obligations, and in May they rewarded Scott Walker with a AA rating for his actions in Wisconsin
Standard and Poor’s meets with Treasury officials, and then meets with big investors like Pimco and tells them their private thoughts on the looming debt downgrade that they do not share with the public. How is that not a “misuse of material nonpublic information?”
Rule 17g-4 of the General Rules and Regulations promulgated under the Securities Exchange Act of 1934 covers “Prevention of Misuse and Material Nonpublic Information,” and says:
a. The written policies and procedures a nationally recognized statistical rating organization establishes, maintains, and enforces to prevent the misuse of material, nonpublic information pursuant to section 15E(g)(1) of the Act must include policies and procedures reasonably designed to prevent:
|
By meeting with big investors like Pimco and telling them that they support the Reid plan over the Boehner plan, Standard in Poor’s is unquestionably in violation of (1) above when they give them information that they do not make available to the public.
Moreover, as Dday notes, this is all game playing. S&P’s chief economist David Wyss says that “as a firm, we take no stand on whether the deficit should be cut through lower spending or higher taxes.” But if they are now demanding a $4 trillion deficit package within 90 days, they leave no room to allow the situation to be resolved by simply not renewing the Bush tax cuts.
The Huffington Post reports that Janet Tavakoli, president of the Chicago-based consulting firm Tavakoli Structured Finance, says that credit ratings agencies deserve to have their government seal of approval revoked:
“Either through intention or incompetence the rating agencies lied in the sense that they made false statements that had grave consequences for investors and the global financial markets,” Tavakoli says in the report, dated Tuesday.
“The rating agencies do not merit the [Nationally Recognized Statistical Rating Organization] designation,” or the government stamp that makes ratings a centerpiece of the regulatory structure, Tavakoli says.
Beers himself briefed GOP members of Congress in a closed door meeting as recently as July 21 (photo above). He has taken Standard and Poor’s way, way over the line regarding the role that ratings agency can legitimately play. He has repeatedly inserting himself and the organization in a political game while the world economy hangs in the balance.
If Standard and Poors downgrades the US debt, it will have serious consequences for both the US economy and the 2012 election. Beers has a clear political agenda, and he should not be allowed to crown President Romney. It should not be a partisan issue. Nobody who respects the right of voters to determine the outcome of an election should want an organization to have that kind of sway over elected political leaders.
The SEC should quickly investigate these clear violations of securities law on the part of David Beers and Standard & Poors, and strip them of their power to rate securities in the United States before they have the opportunity to inflict more damage than they already have. Why they still retain any authority at all, after the role they played in the 2008 financial meltdown, is a complete mystery.
To quote the great Bill Greider, “what a load of crap.”
Photo above from the Flickr page of Rep. Nan Hayworth, R-NY





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Jane, you can wear so many hats it makes my brain hurt. This is really good research, did FDL hire an in-house legal beagle?
I particularly like Tavakoli’s suggestion, and your demand for an investigation. SEC could be opening a confidential inquiry (“formal” or “informal”) right now and we would not know about it unless S&P wanted us to know about it. S&P could be under the gun already, and I hope they are, but we might not have confirmation this calendar year unless SEC issues a Wells notice sometime later this quarter. At that point, S&P would have to disclose in an 8-K by 45 days after the end of Q3, i.e., mid-November.
As I noted on another thread, during the 1962 steel crisis, John and Robert Kennedy unleashed the Justice Department on the steel companies, including sending agents to roust executives from bed at dawn, and issuing subpoenas for company records in a search for criminal activity. It was bare knuckle intimidation, but it worked. These techniques need to be applied now to the ratings agencies over their “AAA” ratings of CDO’s/CMO’s from 2000-2008, and other matters as noted by Jane …
Let’s not forget about the 2 trillion that corporations have stashed away. These parasites on society are like the Borg in Star Trek, marauding around the globe, pushing countries into a corner and snapping up the property of the peoples.
How about the two unfunded and off the books Wars under Bush or the 16 trillion that went to Wall Street and foreign banks in 2008. We all know deficits only matter when the middle class, the poor, and the elderly are being exploited for the oligarchs benefit.
This is completely political (and wrong).
No legitimate economist thinks austerity now is a good idea, look at what is happening in the U.K. If we cut back 4 trillion now we are destroying future growth, how is that going to help payback our loans? And that improves our credit rating???
I am continuously amazed at how the Obama administration constantly cedes its power to the corporate structure. He seems to believe that if he follows the Republican narrative (as if there is no other), he can sometimes achieve a “win.” Every day he becomes more an more as a spokesman for the corporate Republican interests and less a president for We the People.
This is what happens when you don’t put criminals in jail.
If memory serves, Standard and Poors was one of the rating agencies that stamped Triple A on worthless piles of junk bonds which then were sold to Iceland, Greece and the West Bend, Wisconsin school district.
Why is this A-hole not in prison?
So, these are the same assholes who gave Triple-A ratings to, as Sen. Levin so succinctly put it, ‘shitty products’ and they’re to be taken seriously on the U.S. government’s credit rating?
Not only ‘No’, but Hell No.
My dad has been a finance guy all his life–and a Republican from the time he started making good money.
.
To witness his cognitive dissonance these days is painful for me. We’ve always disagreed, but at least his words made sense. Now he spouts gibberish.
.
I point out the total lack of credibility of the rating agencies, and he says, “People panic,” or, “Wall Street wants their money.” I can’t get an answer that connects to anything I ask him. It doesn’t take but 30 seconds before he starts to get agitated and says, “Let’s not get into all this.”
.
Sad. An authoritarian follower who can’t admit that his team is destroying his country.
USA especially states are under attack from off shore bankers and on shore bankers. “Someone wants to run the world? Who knew?”
Destroying the states and killing state rights will help a few rich people rape the USA .
S&P, Goldman Sachs, executives should all be in jail.
Like Nancy Pelosi says, the tea party is being used to kill the USA!
If Russia or China was doing this the NUKES will be flying, who knows they may be, because the USA allows terrorist, killers, dictators, to buy their govt.
It goes back to the USA being a young nation.
The USA has only been a world player for 60 years?
Wall Street must not like their OBAMA wall street puppet anymore.
A republican from Reagan cabinet, just called OBAMA a moderate conservative. I think OBAMA is doing an awesome job for Wall Street.
We progressives all know, the OBAMA wall street puppet has done nothing for main street.
S&P and other crime corporations, terrorist groups on Wall Street, have completely taken over DC. Now they want to take over every state capital in the USA.
Progressives must attack corporations with the energy we attack DC.
A downgrade would not be good, but the election will be decided on many more issues.
On the other hand, if you see that nothing is really going to done by either side until the lights go out, seems like you would want to warn potential investors. I don’t think it has been as crystal clear that neither side is going to change anything of REAL substance–either tax or spending–until forced.
GOP won’t raise taxes, and Dems won’t actually, and I emphasize ‘actually,’ cut any true spending.
That is a formula for a down hill ride into the crapper.
I don’t see how they avoid making some kind of warning or change.
But, it won’t decide the election.
Passive aggressive pissants.
Can one of you economically intelligent folks explain to me why the US even has a credit rating? Or why any control that prints and controls their own currency has a credit rating? It’s not like we can ever run out of money.
Yep. These are the guys who should be in jail, not calling the political shots. They will share a room in hell with the major actors involved in the IMF.
And on top of all that these are the same turds who created every investment bubble which when they burst leave more people in poverty. From the Saving and Loans crash in the 80′s, tech bubbles in the 90′s and now the more recent housing bubble. These people are the oligarchs and have been gaming the system for quite some time.
Who elected this a******?
Let play cowboys and bankers.
“Why they still retain any authority at all, after the role they played in the 2008 financial meltdown, is a complete mystery.”
When Byron Georgiou can’t even say the word fraud concerning these shysters then the SEC will easily turn a blind eye.
*This* firebagger is aiming a flaming bag of poop at the porch of S&P.
Would you seriously ever trust a presidential candidate enough to vote for them after Obama?
Come on folks, this is just semantics.
They own the place.
They bought it with our money.
They were allowed to commit fraud on the largest scale ever and destroy millions and millions of lives, get away with it, and then were rewarded for it.
This is just one of the steps along the way to complete control.
You think this is bad? Wait till the “deal” goes through. Now that’s going to hurt. You, me, and everyone who’s not rich.
It doesn’t, and maybe that’s the real goal. To finally destroy the last vestiges of economic “power” by the United States and bring the people to their knees.
One should never allow the imagination to get away from common sense. But I just did. . .
Is it just possible S&P needs to shake a stick at the US, and knock us down a notch or two, to nudge some levelling upon us versus what’s developing in Europe?
Europe will be seen in a far more beleaguered situation than the US if they continue on the track they’ve been on, which seems likely.
Standard and Poors is a lot like the Fed Reserve in that they control so much without oversight or election by the people they control.
This feels alot like fascism.
That level of cynicism and disengagement is more toxic than anything they are trying to do.
Seems to be a lot of cognitive dissonance to spare these days.
Normally I don’t point to Fox, but the following post is worth reading:
The New Guys in Charge
I think the level of cynicism should be much higher.
None of these people have good intentions.
It just makes the Shock Doctrine easier to implement.
And it seems the Whole Wide Financial World has their greedy eyes set on the prize of that Social Security Trust Fund.
I’m with you. I’ve never heard about countries having credit ratings until the MOTUs decided to rid the world of any programs, pensions, jobs etc, for mere people…but maybe I wasn’t paying attention to it.
You’re right. Obama set the Gold Standard of lying to voters, whipping US into frenzy.
Then, along come the TP governors and SURPRISE! They attack the unions, give out hefty tax deductions to the rich, all in the name of Fiscal Discipline.
Sounds like an S&M game, doesn’t it?
Yes, it does.
“As the London-based managing director of sovereign credit ratings at Standard & Poor’s….”
SOVEREIGN.
The USA isn’t acting like it.
“And it seems the Whole Wide Financial World has their greedy eyes set on the prize of that Social Security Trust Fund.”
YES
Canary Wharf, London, UK is a “private estate”! (video, 9:33 minutes)
So David Beers is working out of Standard and Poors, 20 Canada Square, Canary Wharf, London, E14 5LH (map here)? Standard and Poors’ holding company– with long time activities in the publishing business– McGraw-Hill Companies, Inc. has its corporate office at 1221 Avenue of the Americas, New York, NY, 10020. Recall that McGraw-Hill Companies, Inc. is a New York State-chartered, publicly traded, New York Stock Exchange –
gambledlisted corporate property. Similarly, the corporate property named “Federal Reserve” (explanatory article by Ellen Brown) is owned by shareholders that are private banks.Stay on this, Jane. This one is as big as the Libby trial.
Jane you are so far out in front of the fawning corporate media with this post that you’ve left them eating your dust and you’ve lapped the field multiple times!
Kudos for a most informative and highly recommended post!
Just one question of some folks who are more familiar with Wall Street movements. If investors are reluctant to invest in T-bills, where are they going to go for safety?
China, where their official 17% debt is more like 77% (per Roubini)
Europe?
India?
Japan?
Brazil?
I’m not the only one. The title of Robert Reich’s piece:
They are much bigger determinants of the future than people realize, if only because they have the ears of elites.
I had Argentina in mind.
This is hilarious considering all of the securitized ninja loan (no income, no job, or assests) tranches they gave AAA ratings, resulting in the crashing of the world economy.
Thanks for the link. Under the circumstances your call for an investigation is a reasonable one – but don’t hold your breath waiting for one. One area experiencing job growth is attorneys being hired by the oligarchs to stave off such investigations.
That’s ’cause they’re on the Austerity Train, and we are in the car just behind them.
mzchief–this is brilliant. So, it appears the Federal Reserve, who secretly gave away 16 tillion dollars of our money to corporations and other nations over the past few years, is joined at the hip, or by the hands, with Standards and Poor who will now judge us due to the huge loss of money the Federal Reserve stole from Americans. Isn’t this the real deficit that Boehner and the world waits on? It’s time to collect back that 16 trillion dollars and the trillions that ‘disappeared’ under Bremmer in Iraq.
Robert Reich had a podcast of that same article on tonight’s Marketplace, which we get in DC in the middle of NPR news from 6-6:30. Only in the podcast he ended with a fairly bitter “Standard & Poors should stick to what it knows.” Just for that, I subscribed to his podcasts.
And as through your life you travel,
Yes, as through your life you roam,
You won’t never see an outlaw
Drive a family from their home.
-Woody Guthrie
x2
if the pacified drooling public is dumb enough to put up with this crap,
they deserve it?
I don’t deserve it, you don’t – but ‘they’ do.
oh well, that is what I’ve been telling myself since I was 20 and Raygun was elected with …27% of the ELIGIBLE voters, declared a mandate and kicked the cla$$ war into high gear. For those of us old enough to have lived through and remember all those highly rated pyramid schemes and ponzi schemes, too few remember the schemes and too many remember who the Stupor Bowl Champ of 19XY was.
rmm
rmm.
masaccio stated (my bold) that “It’s a reasonable guess that there is more than $60 trillion in capital in the US alone” (June 12, 2011). He also stated that there is $1 trillion (May 6, 2011) that the bankstas want to bring back to the States untaxed (from the Treasure Islands?). Another estimate of missing money is “Donald Rumsfeld And Paul Bremmer ‘Lose’ $18.7 Billion In Iraq, Still Unaccounted For” (uploaded June 19, 2011). I see a lot of unmet need around me (people I know are at or below the Federal poverty line) so these foregoing numbers are staggering to me.
masaccio stated (my bold) that “It’s a reasonable guess that there is more than $60 trillion in capital in the US alone” (June 12, 2011).
Haha, most of it in in the photograph at the top of this page. If you were going to tax just one taxpayer, that’s the one. :o)
The US-based Depository Trust & Clearing Corporation, which provides custody and asset servicing for more than 3.6 million securities issues from the United States and 121 other countries and territories, valued at $33.9 trillion…
http://www.moneycontrol.com/news/world-news/sp-threatens-downgradeus-financial-companies_566081.html
OK, Obama really really is asleep at the switch. Woodrow F’in Wilson after his stroke was more on the ball than this guy. The President has a couple of big guns in the US Code he could, hell, should already have put on the table.
International Economic Powers Act, for “any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States”… a tally of foreign-owned Treasuries would clear the “substantial part” hurdle: The President may… (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States.
http://www.law.cornell.edu/uscode/50/usc_sec_50_00001702—-000-.htm
I can’t tell you how unbelievably broad that is. He would be within his rights to compel S&P to issue the United States its very own AAAA rating if he wished. That’s a little heavyhanded, so simply prohibit S&P from revisiting Uncle Sam’s current AAA rating, done and done. There’s not a federal judge in the country who wouldn’t back his play, especially if he wore a belt and suspenders. For that, let’s see go across the Potomac and dig out the Defense Production Act…
Now this is how you write a blank check:
[Sect. 2071] Allocation of materials, services, and facilities… The President is hereby authorized…(1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense…
Not broad enough for you? I’ll keep going…
[Sect. 2152] The term “national defense” means programs for military and energy production… and critical infrastructure protection and restoration… The term “critical infrastructure” means any systems and assets, whether physical or cyber-based… vital to the United States… including, but not limited to, national economic security and national public health or safety.
http://www.law.cornell.edu/uscode/html/uscode50a/usc_sec_50a_00002061—-000-.html
If anything its even broader since the definition of “national defense” certainly covers a lot of the waterfront.
OK onto the next topic (since Obama won’t do any of this), I’ve been making a tally of the impeachment charges that Darrell Issa could him with. This one’s a beut:
§ 407. Study or plan of surrender; use of appropriations
No part of the funds appropriated in any act shall be used to pay
(1) any person, firm, or corporation, or any combinations of persons, firms, or corporations, to conduct a study or to plan when and how or in what circumstances the Government of the United States should surrender this country and its people to any foreign power,
(2) the salary or compensation of any employee or official of the Government of the United States who proposes or contracts or who has entered into contracts for the making of studies or plans for the surrender by the Government of the United States of this country and its people to any foreign power in any event or under any circumstances.
http://www.law.cornell.edu/uscode/50/407.html
Would it hold up in court? Of course not, but impeachments aren’t tried in courts. Just reading that statute will make you angry. :o)
Crikey mate! You forgot about Australia. Probably a good thing too. We’d like to keep our shipshape economy to ourselves. But you’re welcome to invest a few downgraded US dollars.
S&P is just doing what they are told to do and fanning the flames of the current manufactured financial crisis.
Without the AAA ratings given by the rating agencies in the last decade on junk mortgages, there would have been no housing bubble. And with no housing bubble, the depression would have begun in 2000 rather than 2008.
The 2012 election is theater. The elite want Obama to remain in office – he has done. and will continue to do more for the elite, than any Republican can accomplish.
A President Romney, implementing the same policy as Obama, would cause the hoi polloi to realize they’ve been screwed.
In any other country, Blackwater’s domestic revenue would increase dramatically. But, Americans, with any sense of community erased from the landscape, will just sit there, tune in Dancing With the Stars one last time before the cable is turned off for lack of payment.
The CIA ought to take Beers out. Really. It’s a matter of national security. The guy is trying to play the role of dictator and he clearly has a political agenda.