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Wednesday, September 1, 2010

One Benefit of Dodd-Frank

It expands the jurisdiction of the SEC with regard to the malfeasance and misfeasance of the ratings agencies by allowing them to take actions that occurred in other countries:

The U.S. Securities and Exchange Commission said it plans to use new financial laws to pursue credit-rating fraud initiated overseas after dropping a case against Moody’s Corp. amid uncertainty over its authority.

The SEC’s investigation found that a Moody’s ratings committee based in Europe refused to lower inflated grades on almost $1 billion of debt in 2007, the agency said in a report released yesterday. The committee declined to correct errors produced by a flawed ratings model out of concern for the firm’s reputation, the SEC report said.

“Uncertainty regarding a jurisdictional nexus between the U.S. and the relevant ratings conduct” led the SEC to drop the probe, the agency said in the report. That uncertainty was removed by the Dodd-Frank law, enacted in July, which clarifies the SEC’s power to sue for misconduct that has a substantial effect within the U.S., the report said.
Of course, a better alternative would be to change the laws that require the ratings agencies in the first place, as they have been a complete failure.

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