The Mercury News

State: S& P’s ‘ guesses’ cost pension funds $ 1 billion

- By Alejandro Lazo

California has filed suit against Wall Street’s biggest credit rating agency, Standard & Poor’s, charging the firm with violating the state’s False Claims Act by using “magic numbers” and “guesses” to inflate ratings that ultimately cost California public pension funds an estimated $ 1 billion.

The action was filed Tuesday in San Francisco Superior Court and came a day after federal prosecutor­s filed suit against the bond- rating agency, alleging that S& P gave top marks to troubled mortgageba­cked securities that later failed, helping to trigger the financial crisis.

California will seek $ 4 billion in damages after S& P’s ratings cost state pension funds what it estimates are about $ 1 billion in losses. The state can seek triple damages, along with penalties, under the False Claims Act.

“Those who lost homes in California were firstgrade teachers, firefighte­rs ... we talk about the impact of S& P’s conduct, it’s profound,” Attorney General Kamala Harris said in Washington after announcing the federal and state suits.

S& P, which is a unit of publisher McGraw Hill, on Tuesday denounced the state and federal actions.

“The U. S. Department of Justice and some states have filed meritless civil lawsuits against S& P,” the company said in a statement. “We will vigorously defend S& P against these unwarrante­d claims. S& P has always been committed to serving the interests of investors and all market participan­ts by providing independen­t opinions on creditwort­hiness based on available informatio­n.”

 ?? JACQUELYN MARTIN/ AP ?? California Attorney General Kamala Harris announces the S& P suit.
JACQUELYN MARTIN/ AP California Attorney General Kamala Harris announces the S& P suit.

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