Moody’s, Fitch, S&P Battle Pension Lawsuit Over Misleading Ratings in Mortgage-Backed Securities

US District Judge James O. Browning in Albuquerque, New Mexico has ruled that Moody’s Corp., Fitch Inc. and Standard & Poor’s must face a New Mexico securities lawsuit.

(October 4, 2011) — Moody’s, Fitch, and Standard & Poor’s must face a New Mexico securities lawsuit brought by investors in mortgage-backed securities, Bloomberg has reported.

After home-loan defaults skyrocketed in 2007, ratings agencies have been faced with a surge of lawsuits and criticism by lawmakers and investors for failing to predict the subprime meltdown, grading mortgage bonds too generously, and maintaining the ratings.

In a September 30 ruling, US District Judge James O. Browning in Albuquerque, New Mexico, denied the rating companies’ request to dismiss the claim against them.

In December 2010, the plaintiffs, led by the Maryland-National Capital Park & Planning Commission Employees’ Retirement and the Midwest Operating Engineers Pension Trust Fund, filed an amended complaint, which aimed to represent other investors in $5 billion of Thornburg Mortgage Home Loans Inc. mortgage- backed securities.

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While the suit claims the ratings agencies violated New Mexico securities law by giving securities false and misleading AAA or Aaa ratings, lawyers for the rating companies defended the agencies’ ratings. A February 11 request to dismiss the claim by the rating companies said that the plaintiffs’ claim under New Mexico law was a “blatant attempt to avoid the parade of recent decisions that have rightly held that issuing credit ratings is not the same thing as selling or underwriting securities.”

In April 2010, Standard & Poor’s and Moody’s won dismissal of a suit that involved the sale of more than $60 billion in mortgage-backed securities. The lawsuit alleged banks and rating companies made false statements and omissions in registration statements and prospectuses, defrauding investors who depended on their ratings before buying billions of dollars of investment-grade mortgage-backed securities. Additionally, in the lawsuit filed by institutional investors, US District Judge Jed S. Rakoff in Manhattan dismissed some claims against JPMorgan Chase & Co., Bank of America Corp.’s Merrill Lynch and ABN Amro Bank NV, a unit of Royal Bank of Scotland Plc.

The claims against McGraw Hill Co., Moody’s Investors Service, and Bank of America Corp.’s Merrill Lynch were dismissed with prejudice, meaning the case cannot be brought back to the courts. “We are pleased that the judge granted our motion to dismiss in its entirety,” Frank Briamonte, spokesperson for the McGraw Hill Cos., parent of Standard and Poors, told aiCIO.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

EDHEC Study: ETFs Can Boost Returns, Lower Risk in Core-Satellite Investment Approach

A new study from the EDHEC-Risk Institute, produced as part of the Amundi ETF research chair on "Core-Satellite and ETF Investment," has found that implementation of a Dynamic Core-Satellite approach can boost portfolio returns while keeping downside risk under control.

(October 4, 2011) — Exchange-traded funds (ETFs) can help to improve returns and control risk within a dynamic allocation model, according to a new study by EDHEC-Risk Institute.

The research — titled “Capturing the Market, Value, or Momentum Premium with Downside Risk Control: Dynamic Allocation Strategies with Exchange-Traded Funds” — analyzed the performance of risk-controlled dynamic asset allocation strategies, concluding that implementation of dynamic risk budgeting can boost portfolio returns while keeping downside risk under control. The study said: “There is extensive evidence that investment strategies based on momentum and value are attractive for portfolio managers who seek outperformance. Momentum and value are among the most robust return drivers in the cross section of expected returns.”

The report continued: “Investors are usually willing to take on risk only if they are compensated for it with greater expected reward…Dynamic risk budgeting methodologies such as Dynamic Core-Satellite strategies are used to provide risk-controlled exposure to different asset classes. There is extensive evidence that investment strategies based on momentum and value are attractive for portfolio managers who seek outperformance.”

The research — conducted by Elie Charbit, Jean-René Giraud, Felix Goltz and Lin Tan — claimed that ETFs, which offer both liquidity and a broad exposure to the markets to implement portfolio strategies, on sectors rather than on stocks can be used to put these strategies into effect. The study concluded that ETFs additionally facilitate the shifts — required by dynamic strategies — from core to satellite.

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The EDHEC report follows research last month by consultant McKinsey & Co. that found that global ETF assets under management are expected to grow to as much as $4.7 trillion by the end of 2015. The report — titled “The Second Act Begins for ETFs” — asserted that assets under management in ETF products, including exchange-traded commodities and exchange-traded notes, have ballooned 31% from 2000 to 2010. This compared with an AUM growth of about 5% to 6% for mutual funds during the same time period. Furthermore, McKinsey & Co.’s research noted that the next phase of ETF growth will be characterized by heightened competition, along with an increase in active ETFs and globalization of the marketplace. “ETFs are now a hotbed of competition,” the report said, “with an expanding and aggressive array of competitors.”

Previously, a report by BNY Mellon and aiCIO‘s sister company Strategic Insight — which analyzed the factors fueling the rapid expansion of the ETF market and how asset managers can profit from the expansion — predicted similarly optimistic findings. In a report published last month, the firms found that ETF assets will reach $2 trillion by 2015.

The report — titled “ETFs 2.0: The Next Wave of Growth and Opportunity in the U.S. ETF Market” — revealed that ETF assets grew by 28% to just more than $1 trillion in 2010, down from the 47% growth rate in 2009. Furthermore, roughly half of the U.S. ETF assets came from institutional clients.

A copy of EDHEC’s study — “Capturing the Market, Value, or Momentum Premium with Downside Risk Control: Dynamic Allocation Strategies with Exchange-Traded Funds” — can be found here. 



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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