Rep Towns: Moody's Has No Paper Trail Of Kolchinsky Probe
September 30 2009 - 1:20PM
Dow Jones News
The Chairman of the House Oversight Committee said Wednesday
that documents he requested from an outside law firm hired by
Moody's to probe an ex-employee's complaints about its ratings
don't exist.
Chairman Edolphus Towns, D-N.Y., made his comments at the close
of a hearing where two ex-Moody's employees told lawmakers they
felt Moody's still faces grave conflicts of interest, inflate their
ratings and fail to update stale ratings on municipal bonds.
Moody's Investors Service Chief Credit Officer Richard Cantor told
Towns on Wednesday that the company has retained the outside law
firm Kramer Levin to investigate former employee Eric Kolchinsky's
complaints that Moody's inflates its ratings and has preliminarily
concluded his complaints are unfounded.
Towns demanded that Moody's produce documents from that
investigation for the committee, which has subpoena power. Cantor
told Towns he thought Moody's would be able to comply.
But a few hours later, Towns revealed that Moody's had
apparently privately told committee officials there are no
documents they can produce.
"This morning we learned that this outside firm was given only
oral instructions," Towns said. "Moody's says there is no written
statement of work and no contract specifying the work to be done.
In addition, this outside firm is not expected to produce any
written report of its findings and has no schedule for
completion.
"In other words, the Moody's business model could be summed up
as, 'Leave No Fingerprints'," Towns added.
Mr. Kolchinksy was suspended on Sept. 3 after he declined a
request from a Moody's human-resources officer to meet with a
lawyer from Kramer Levin that day. He said in an interview earlier
this month that he had spoken to the lawyer on the phone a few days
earlier but declined the face-to-face meeting because he wanted his
own attorney to be present and was notified of the meeting only
minutes in advance. Mr. Kolchinsky had also asked for a written
agenda of what would be discussed at the meeting, but says he never
received one.
Cantor said Wednesday that he feels the complaints Kolchinsky
raised with Moody's and most recently with the oversight committee
are "of longstanding and healthy debate" within Moody's and that
the law firm hired to look into them was given "unfettered access"
to Moody's records.
"Moody's didn't direct the investigation," he said, adding that
the law firm interviewed 22 Moody's employees. "The only person who
refused to meet" with the law firm was Kolchinsky, he said.
Moody's didn't respond as directly to the concerns raised
Wednesday by another ex-employee, former chief compliance officer
Scott McCleskey.
McCleskey's testimony centered around issues he raised to the
SEC in March about how Moody's replaced several compliance officers
in 2008 with analysts and managers who were previously involved in
rating structured-finance and mortgage securities. He said he was
"pushed out" by Moody's in September last year after being
replaced.
-By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com
(Serena Ng contributed to this article.)