Italy Plans Trial for Fitch, S&P Over Downgrades

Allegations against Moody’s dropped as prosecutors probe market rigging

More On Legal & Compliance

from The Advisor's Professional Library
  • Pay-to-Play Rule Violating the pay-to-play rule can result in serious consequences, and RIAs should adopt robust policies and procedures to prevent and detect contributions made to influence the selection of the firm by a government entity.
  • Privacy Policies and Rules Whether an RIA is SEC or state-registered, the firm must have policies and procedures in effect to protect clients’ privacy. Policies and procedures should explicitly require an RIA to send out its privacy notice each year.

Standard & Poor’s and Fitch Ratings are in an unusual position. Several of their representatives may be made to stand trial in Italy as prosecutors look into allegations of market manipulation and abuse of privileged information. Similar charges against Moody’s, however, which had also been a target of the investigation, have been dropped.

Reuters reported Monday that prosecutors from the southern Italian town of Trani are pursuing the action after a series of cuts in Italy’s credit ratings was made by the agencies since the spring of 2011. Five representatives from S&P and two from Fitch could find themselves on trial in the Mediterranean nation.

A court will decide whether the case will proceed. Italian police issued a statement saying that two officials from Moody’s are no longer in jeopardy of trial, since prosecutors have dropped charges against them.

Prosecutors allege that reports by both S&P and Fitch on Italy and its banking system were leaked during business hours in at least one instance. The leak is alleged to have caused the Milan stock market to record heavy losses.

Two consumer rights groups initiated the case by filing complaints last year, and Italian authorities began their investigation into the ratings downgrades.

Ratings agencies are already suffering from somewhat tarnished reputations for their failure to foresee the mortgage meltdown in 2008-2009. Should the case come to trial, arguments on both sides concerning the liability of the agencies during a period of worldwide economic turmoil will come to the fore, and the prominence of their position could be challenged.

European policymakers have already been publicly critical of the agencies’ actions in downgrading eurozone countries with heavy debt loads. They said that the agencies moved too quickly to cut ratings even as nations enacted severe fiscal policies to rein in debt and the European Union issued bailouts in efforts to combat the debt crisis in the eurozone.

Reprints Discuss this story
This is where the comments go.