Ratings Agencies as Dr. Kevorkian

By Jeff Macke Oct 10, 2008 9:35 am
Too much power with too little understanding.
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Some recent headlines:

"Morgan Stanley (MS) Extends Drop as Moody's Says Rating May Be Cut": MS sells off more in Europe this morning.

Yesterday at about 3PM ET: "S&P May Cut GM to Junk". General Motors (GM), already down some 20%, drops another .75 in the last hour to close at a 60 year low

Yesterday at 3PM ET: "S&P Cuts Outlook to Negative". Alcoa (AA), already down sharp on the day falls another 10%.

The S&P 500 fell over 50 points, more than 5%, in the last 70 minutes of trading yesterday. The Dow Jones Industrial Average fell 490 points in the last 70 minutes. If you think there's no connection between the actions of the ratings agencies (S&P, Moody's (MCO) and Fitch, for the most part) and the final hour plunge on Thursday, in my opinion you either aren't a professional trader or you simply aren't paying attention. There are no coincidences in financial markets.

When an already weak market goes into free-fall in the last hour it isn't because of "traders panicking." It isn't a buyers' strike. Traders only sell stocks which are already down sharply for a reason. In this case, I believe "The Reason" consists of a bunch of a sub-par analysts with the ability to make press releases and the power to kill any company in America.

Corporations' cost of capital is determined by two forces: What the market will bear and what the agencies price it at. What the market will pay is largely seized. When the Fed throws money at the banks they, in effect, are trying to unlock the gears of corporate America bidding for each other's debt.

What Moody's and S&P did last night and this morning illustrates, to me, the futility of Fed actions to date. By noticing the glaring and obvious long-standing problems of General Motors and Ford (F) last night, S&P effectively raised GM and F's cost of capital infinitely. GM is in the middle of a "capital raise." It was going to be expensive before S&P raised the price of GM paper. Now, after S&P's downgrade threat, it's going to be impossible.

GM is dead, in my view. It may have died anyway but it's almost certainly dead now. S&P killed them.

Despite their huge drops over the last few weeks, stocks still aren't "cheap." Their price of doing business continues to rise. The Fed actions and the public "lynchings" of ex-CEOs like Lehman's Richard Fuld may be gratifying to the masses but I feel they fix nothing. They are a day late and billions of dollars short.

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As long as faceless, nameless drones at credit agencies are able to capriciously raise the price of capital of already ailing corporations, particularly on such mind-numbingly observations as "we've noticed difficulties in General Motors' business model," there's simply no way to effectively make a valuation argument for any American corporation. The agencies' analysts are underpaid, arguably under intellectually-horsepowered agents of destruction. As I've said before, I believe they are like 3-year-olds with hand guns: They have no idea what kind of damage they can cause but you are a fool if you don't give them a wide berth.

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No positions in stocks mentioned.

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(14)
2008-10-10 09:58:20
You make a lot of sense.
Certainly the rating agencies have done tremendous damage by putting ridiculously inflated ratings on the various asset backed debt obligations and related instruments in recent years. One could argue that, by doing so, the rating agencies have as much (or more) responsibility for the current mess as Countrywide-like banking practices or Greenspan's interest rates.

Imaging how different things would be if the rating agencies had been responsible and rated GSE debt as not Government backed. Recall "Implicit" Government Backing? How rude sounding that phrase is to my ears today.

"Get your money for nothing, and your chicks for free" as Dire Straights put it.
2008-10-10 10:15:41
Dr. Kevorkian

A distinction here: Dr. Kevorkian only killed those who wanted to die. I hardly believe GM and Ford are willing stepping into the gallows. The credit agencies are acting as judge, jury and executioner. Segments of the financial industry have too much unchecked power!
2008-10-10 10:39:39
This article suffers from bad logic
The Rating Agencies are everyone's favourite whipping boys but Macke takes this to a whole new (and dumb) level. Here's why.

1. Macke says that the Rating Agencies price capital. This is not correct they just rate debt. It is the capital markets that have decided to price capital in line with ratings.

2. Macke says that the RAs can kill companies like GM and AIG by raising their cost of capital when they need this most. Did he seriously write this? Has he forgotten about risk/reward? If GM and AIG deserve to get their ratings cut (which they did) then their cost of capital should go up because they are riskier. If the RAs don't cut ratings soon enough then everyone jumps on them when things eventually go wrong and scream "why didn't you tell me this before I inveted".

3. Macke then says we need to suspend RAs so the market can go transparent? How. Don't you think part of the reason RAs exist is because the market can't go transparent on its own?

4. If RA analysis is so bad the why does the market continue to price risk in accordance with ratings? The markets are full of smart people right why would smart people continue to back a consistent loser. I'm sure the RAs have not always got it right or got it right on time but I'm also pretty sure they are doing some things right.

The only thing that is clear from this article is that you shouldn't invest with Macke.
2008-10-10 10:45:44
Fabulous analysis. Perhaps there is a way the Gov't will put a muzzle on the ratings companies without violating free speech. In the meantime, a great buying opportunity is opening up. Without hearing news about the ratings cut, I went long on GM yesterday for a swing trade at 3:20 (and they say you can' time the market). So, this got me to thinking. What if GM drops to below 4 and the equity requirements start raising? Margin calls will happen and people will be forced to sell to meet those equity requirements, which will force more selling that sends the stock lower, which forces even higher equity requirements and more margin calls which will force more selling - not a pretty picture. So, I'm thinking...

WHERE IS OUR PRESIDENT???

Oh, the one that was on vacation playing golf when Katrina hit? So he's no help at all. Not to say anything against the shorts because that would usually include me, but I do have a solution. The SEC could make a ruling that would force all shorts to not only cover, but to also buy a second helping of as many shares as they were originally short. This would be nice, and it would really help GM. At any rate, I was really surprised that the Fed rate was cut only 1/2 point. I think the Fed will cut another 1/2 point, after the shorts are trapped really, really good.


2008-10-10 11:39:48
Great Article, Poor Response
Please don't forget to add that the credit rating agencies were a BIG part of creating this mess by their ultra-poor performance at properly rating the debt securities in the first place. If it is within the realm of possibility, I can't wait until the lawsuits start piling in on THEM for THEIR part in the gross negligence of judging the quality of the debt. They wouldn't have even a single toe to a stand on.
2008-10-10 11:48:59
Re: This article suffers from bad logic
Bobby,
A little different perspective on your points:

1. The RAs do indeed rate debt -- but that debt rating is filtered directly into the cost of capital. It happens because the capital markets are taking the RAs specifically at their word and allowing the RAs' ratings to determine their decisions. The result is the same: A change in the RA rating directly results in a change of the cost of capital.

2. Macke is saying that the RAs can kill companies by "suddenly" deciding that they are in much worse shape. Has GM been right as rain or at least floating above water for the past few years and now all of a sudden, on October 9 at 3:xx PM, they are in critical trouble? Coupled with point 1, this "sudden" degradation of the company's credit rating makes it impossible for them to raise money, even when the PREVIOUS HOUR people were willing to pay a higher price.

3. You are over-generalizing. The article's point is that troubled financial institutions in the current markets cannot become transparent because if they do, the RAs would immediately put them on "Death Row" status, thus ensuring that they cannot possibly recover. Re point 2, re point 1. ... and to ward off specific responses to this (not necessarily from you): Yes, some of them might "deserve" it, but how badly do we want the financial system to collapse more than it already has?

4. If the RAs are so good, then why did all of them rate all the financial institution, hedge fund, and Joe's Investor Service debt as AAA from 2003 to 2007? Particularly when several very intelligent economists were predicting the very thing we are going through right now? It's too much power in the hands of people who apparently did not know what they were analyzing.

My point from previous comments on this topic: When Arthur Andersen failed to point out Enron's mistakes, the audit firm was dismantled and sold as bricks. When Moody's, S&P, and Fitch botched their ratings for years, everyone said, "That's okay, just don't do it again." There is no accountability, no check of the process, and people treat the ratings as the gold standard. THAT is the problem. We do need someone like the ratings agencies, but we also need some accountability.
2008-10-10 21:28:47
This article suffers from bad logic
bobby,

these guys got a cut of the action to rate the debt well. their business model is inherently flawed. they serve absolutely no purpose that the market couldn't do on its own. all their fancy models and research they develop to rate someone can easily be deduced by any investor without the stupidity of having to pony up 14.5 billion in margin calls over night when they downgrade someone -- when that company is obviously working towards a solution if they turn on the news
2008-10-11 05:59:58
Rating fault
Ratings are indeed at fault, but the fault was ever giving out such high ratings. The reality during credit expansion isn't the same as the reality during credit contraction. Now we've shifted from one to the other and all assumptions about asset values are flawed; assets are worth one thing with infinite credit, but quite another when you have to compete for it.

The only way the ratings agencies could really deal with such shifts would be to automatically downgrade everything as each leverage ratio in the economy as a whole is passed, effectively building in the risks of fractional reserve lending into the models. At the apex of a credit expansion pretty much everything should be rated as junk.

Perhaps that would be one way to ameliorate the risks and negate some of the damage of fractional reserve banking. Or we could just move to full reserve banking with market pricing for capital and get rid of the whole boom-bust cycle at the source.
2008-10-12 19:34:47
The Abuse Factor
I've gotten some heat and some name-calling as a result of this article but, actually, not what I may have expected.

What I'm saying, simply to be clear, is that Moody's is unjustifiable as a company. They add no societal value. They profit no one. They shouldn't be allowed to make money in a free market.

S&P and Fitch are different entities. To they extent they are in the business of rating debt, and consulting on how to get that same debt highly rated, then allowed to downgrade those same products, they should also be put out of business.

But Moody's is a freestanding company, making the majority of their income rating debt then downgrading companies because the first part of their income stream was corrupt and inept. It's an insane business model which was unjustifiable when I declared Moody's "the worst company on earth" over six months ago.

At this point, the existence of Moody's et al is simply a capitalist humiliation.

Big Boy Bobby can use all the circular reasoning in the world. Moody's itself can try to oppress my opinion. I'm stating plainly, clearly and with ample justification that the ratings agencies should not only not exist, they should be examined by the House to explain what havoc they have wrought.

If that seems confusing or "dumb" to anyone... well... I'm more than happy to debate the point all day long.
2008-10-13 14:31:11
The Abuse Factor
Thats right Macke...Put all the rating agencies out of business and add tens of thousands of people to the unemployment line just because you have a problem with some of their ratings. Ratings have been around for over 100 years...I think if it was a useless business it would have disappeared long ago.

And sorry that you think analysts are not smart or well known. Have you ever actually had a conversation with one? Well there is an entire investor community that has and continues to find value in their analysis. And they don't have to go on scripted business news shows like you to prove otherwise.
2008-10-13 14:43:02
The Abuse Factor
How can you, in a capitalist market, claim a company such as Moody's should cease to exist? Exactly what rules are being broken here? If the argument is that the system is flawed then that is a matter out of the hands of the specific rating agencies. Remember, Moody's is a company with over 100 years of history in rating debt.

The rating agencies provide their best opinion on the credit-worthiness of a specific entity issuing debt. Granted the system we have created very heavily weighs that opinion, but who is to blame for that? Your implications that these agencies are evil is mind-boggling to me. Ironic that you claim complex corruption among this group of underpaid and "sub-par analysts." In their shoes, I'm not sure the combination of being unintelligent and underpaid drives me to initially rate a corporation's debt higher. There are several checks and balances within each agency that simply don't allow for unjust ratings to be published.

Again, it's their opinion, and while they make their best judgment they too cannot accurately predict every possible credit event. While I'm not advocating that the system is perfect, I certainly do not impute this entire crisis to the rating agencies. Too many parties involved in the debt capital markets share equal blame.

Now we need to work together to come up with the solution that will not allow this to happen ever again in the future. Why don't you write an article with your genious solution?
2008-10-13 15:46:09
The Abuse Factor
Let's review:

Bear is gone.

Lehman is gone and Richard Fuld is getting humiliated on television.

Morgan Stanley is more or less a Japanese firm.

The rating's agencies have been discredited to the point that a corporations' "rating" means nothing in terms of their ability to issue capital.

The ratings agencies are currently adding no particular value, other than opinion. They were paid to help structure the debt that the above firms used to start this fire.

Several folks here have accused me of "Piling On" the RA's. Near as I can tell, no one else is even mentioning them as a factor in this.

My genius solution: Treat Moody's like Arthur Andersen and let the free market rebuild the "credit rating" system.

Doesn't seem complicated.
2008-10-13 16:41:44
The Abuse Factor
That's right Macke...RA's provide opinions on the creditworthiness of corporations. Just like you provide opinions on your tv show that make you so much "smarter" and more "famous" than RA analysts. The only difference is you provide opinions on whether that stock is going to increase or decrease in value. I've seen you on the show and you've had many bad calls "opinions" on stocks. Should we take you off the air? shut you up and prevent you from ever speaking again?

Opinions aren't always going to be right. That's why companies like Bear, Lehman and MS should not have relied solely on the ratings of specific securities.
2008-10-13 21:18:49
The Abuse Factor
If I was paid by the companies I recommended or panned or, as in the case of the RA's, had a side business of helping them "Structure" themselves in ways that would encourage me to call them buys on the program then, yes, the network should take me off the air. Immediately.

What you aren't understanding is that "companies like Bear, Lehman and MS" did not "rely solely on the ratings of specific securities" for their own investment decisions. They did it to sell product to others. Moodys and the like sold financial indulgences in exchange for those firms being enabled to sell overpriced securities to assorted customers of all sorts, including pension funds and municipalities.

Don't confuse providing an opinion on financial television with what the RAs did for a living. My calls, holdings, financial stakes and interests are stated publicly every night. It's called transparency and accountability. When I talk my book, I say so. When I'm wrong, I say so. I've never, ever, taken money from a company in exchange for my opinion.

The credit markets are closed for the purposes of issuing debt at the prices the RAs suggest. If you can tell me what value the RAs are adding to the financial process, either in a macro or micro sense, I'm all ears.

Otherwise, as was offered tonight by a fellow panelist, the agencies should simply be ignored.

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