The Australian court judgment against Standard & Poor’s for misleading investors in a complex, structured derivative is a worrying development for rating agencies that face growing legal risks.
The judge found S&P negligent in having accepted a false estimate of volatility given to it by ABN Amro, the issuing bank, and thus assigned the securities a triple-A rating in 2006. In practice, these securities collapsed in value within two years.
“S&P believed ABN Amro’s assertions that the actual average volatility of the Globoxx since inception was 15 per cent. S&P did not calculate the volatility for itself although it could easily have done so and, in my view, was required to do so as a reasonably competent ratings agency . . . This assumption as to volatility was unreasonably and unjustifiably low.”