Standard & Poor’s Ratings Services defended its corporate practices on Tuesday, saying a civil lawsuit filed by the Justice Department that accuses the firm of inflating its ratings of mortgage investments was “meritless.â€
The Justice Department filed a suit in federal court in Los Angeles late on Monday, saying the firm knowingly defrauded investors in certain mortgage-related securities by making them appear safer than they actually were. Shares of McGraw-Hill, the parent company of S.&.P, were down more than 5 percent on midday Tuesday.
The Justice Department’s case against S.&P. focuses on certain collateralized debt obligations, or C.D.O.’s, financial instruments consisting of bundles of mortgage bonds. It also took issue with S.&P.’s models for residential mortgage-backed securities.
In its statement, S.&P. said “claims that we deliberately kept ratings high when we knew they should be lower are simply not true.â€
“Unfortunately,†the firm added, “S.&P., like everyone else, did not predict the speed and severity of the coming crisis and how credit quality would ultimately be affected.â€
S.&P. said there was robust internal debate about the deteriorating housing market and that “20/20 hindsight is no basis to take legal action against the good-faith opinions of professionals.â€
The government’s suit references several e-mails written by S.&P. employees, some of them expressing strong concern about the way such securities were being rated. S.&P. says the excerpts were taken out of context and “are contradicted by other evidence, and do not re! flect our culture, integrity or how we do business.â€
The firm said that in the last five years, it had brought in new leadership and spent about $400 million to improve its ratings systems.