 Prem Sikka
Prem SikkaEvaluating the creditworthiness of countries is far from an exact  science, yet the influence of credit ratings agencies is extraordinary.
Recently, the 
UK government’s debt rating has been downgraded by credit rating agency Moody’s from  AAA to Aa1. It joins France, whose credit rating was downgraded to Aa1  in November 2012. In August 2011, Standard & Poor’s (S&P) had  downgraded the US from AAA to AA+.
Credit ratings enable investors and markets to assess the risks of  government securities. In the case of the UK, a downgrade could increase  the government’s borrowing costs. It would also further reduce the  value of the pound sterling and thus stoke inflationary pressures by  increasing the cost of imports, though the weak pound may help British  exporters.
But the notions of social stability, justice, and fairness are beyond  the remit of credit ratings agencies. The general message from the  Moody’s downgrade is that the UK government must deepen its austerity  program and attack hard-won social rights on education, pensions,  healthcare and unemployment.
Credit ratings can have serious impact on national and household accounts, but are also a major money-spinner. In 2012, 
Moody’s  reported profits of $1,077 million and 2012 is expected to produce record profits as  investors seek shelter from growing financial uncertainty. However, the  models used by credit rating agencies continue to produce odd results,  and there is an urgent need to check the economic, social and political  power exercised by the rating agencies.
The UK government has provided around a trillion pounds in loan and  guarantees to ailing banks. For many years, the UK-based banks engaged  in organised 
tax avoidance, 
money laundering, 
interest rate manipulations,  mis-selling of pensions, endowment mortgages, payment protection  insurance and many other scandals. These scams did not persuade credit  rating agencies to reduce the UK’s credit rating. Perhaps they approved  of hot money rushing to London to take advantage of scams. Just as the  regulators began to show signs of getting off their bended knees to  giant corporations, Moody’s has downgraded the credit rating.
The very concept of risk assessment requires some openness and a  relatively free flow of information, but credit rating agencies continue  to give higher ratings to opaque jurisdictions. 
Bermuda,  whose opaque structures often enable corporations and wealthy elites to  avoid taxes elsewhere, is rated Aa2, while the economic powerhouse  China is rated Aa3. Oil-rich Saudi Arabia is rated Aa3, the same as the 
Cayman Islands which is well-known for its secrecy, opaque structures and fiddle factories that facilitate tax avoidance. 
Iceland,  bailed out by the European Union and the International Monetary Fund  enjoys a credit rating of Baa3. It shares the same rating as India,  which has foreign currency reserves of around $300 billion. In December  2009, Moody’s boldly stated that “investors' fears that the 
Greek government may be exposed to a liquidity crisis in the short term are misplaced”,  but barely four months later, the Greek government was negotiating  bailout deals.
Credit rating agencies have a history of poor performance. 
Enron,  the fraud-ridden US energy giant, collapsed in December 2001. Right  until its demise, it continued to attract favourable credit ratings.  These enabled the company to overstate its profits and assets and  understate its liabilities. Credit rating agencies said that lessons  will be learnt, but the banking crash once again has shown that the  emperor had no clothes. 
Moody’s, Standard & Poor’s, and Fitch,  the world’s biggest credit rating agencies, maintained A-ratings for  Lehman Brothers and US insurance giant AIG until early September 2009,  just days before their collapse and bailouts.
In 2008, just prior to the banking crash, there were about twelve  AAA-rated companies and about the same number of AAA-rated countries,  but around 64,000 complex financial instruments received the AAA-rating.  Banks sliced, diced and repackaged subprime mortgages, collateralised  debt obligations and structured finance deals into what they described  as “safe investments”. This illusion was supported by the AAA-ratings  given by rating agencies, which subsequently turned out to be junk. The  regulators were content to let the banks hold less capital for AAA  securities and, as a result, banks did not have the buffer to deal with  toxic debts. Investors, governments, taxpayers and markets were duped,  and the whole financial system came tumbling down.
Credit rating agencies wield enormous economic, social and political  power, but do not owe a “duty of care” to the stakeholders affected by  their opinions. These issues have now become the subject of legal  disputes. In February 2013, The 
US Department of Justice sued Standard and Poor’s (S&P) for issuing “inflated ratings that misrepresented the securities’ true credit risk”.
The Australian case of 
Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 5) [2012] FCA 1200 held that credit ratings agency S&P was liable for the “misleading  and deceptive” ratings issued by it because it made unfounded and  irrationally optimistic assumptions in its analysis. Protracted  litigation will follow as credit rating agencies try to wriggle out of  any social obligations.  These issues are important because credit  ratings form the basis of economic experiments that can result in  austerity drives, unemployment, loss of social welfare, and ruined  lives.
This article first appeared at The Conversation