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Agreement removes significant legacy legal risk and contains no
finding of any violation of law
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Resolves pending and potential civil claims related to certain credit
ratings
NEW YORK--(BUSINESS WIRE)--
Moody’s Corporation (NYSE:MCO) announced today that it has reached an
agreement with the U.S. Department of Justice (DOJ) and the attorneys
general of 21 U.S. states and the District of Columbia to resolve
pending and potential civil claims related to credit ratings that
Moody’s Investors Service assigned to certain structured finance
instruments in the financial crisis era. The agreement also relates to
certain statements made in connection with Moody’s structured finance
rating methodologies and procedures during the same period.
After careful consideration, Moody’s determined that the agreement,
which removes significant legacy legal risk and avoids costs and
uncertainty associated with continued investigations and litigations, is
in the best interest of the company and its shareholders. Moody’s stands
behind the integrity of its ratings, methodologies and processes, and
the settlement contains no finding of any violation of law, nor any
admission of liability.
Under the terms of the agreement, Moody’s will pay a $437.5 million
civil penalty to the DOJ to resolve potential civil claims asserted
under the Financial Institutions Reform, Recovery and Enforcement Act
(FIRREA). The company has also agreed to pay $426.3 million, to be
divided among the participating states and the District of Columbia, to
resolve pending and potential state civil claims. The financial impact
to the Company will be recorded in the fourth quarter of 2016. The
estimated impact is an approximate $702 million after-tax charge or
approximately $3.62 per share.
The agreement acknowledges the considerable measures Moody’s has put in
place to strengthen and promote the integrity, independence and quality
of its credit ratings. As part of the resolution, Moody’s has agreed to
maintain, for the next five years, a number of existing compliance
measures and to implement and maintain certain additional measures over
the same period. This agreement is final and is not conditioned on court
approval.
ABOUT MOODY’S CORPORATION
Moody's is an essential component of the global capital markets,
providing credit ratings, research, tools and analysis that contribute
to transparent and integrated financial markets. Moody’s Corporation
(NYSE: MCO) is the parent company of Moody's Investors Service, which
provides credit ratings and research covering debt instruments and
securities, and Moody's Analytics, which offers leading-edge software,
advisory services and research for credit and economic analysis and
financial risk management. The corporation, which reported revenue of
$3.5 billion in 2015, employs approximately 10,900 people worldwide and
maintains a presence in 36 countries. Further information is available
at www.moodys.com.
“Safe Harbor” Statement under the Private
Securities Litigation Reform Act of 1995
Certain statements contained in this release are forward-looking
statements and are based on future expectations, plans and prospects for
Moody’s business and operations that involve a number of risks and
uncertainties. The forward-looking statements in this release are made
as of the date hereof, and the Company disclaims any duty to supplement,
update or revise such statements on a going-forward basis, whether as a
result of subsequent developments, changed expectations or otherwise. In
connection with the “safe harbor” provisions of the Private Securities
Litigation Reform Act of 1995, the Company is identifying certain
factors that could cause actual results to differ, perhaps materially,
from those indicated by these forward-looking statements. Those factors,
risks and uncertainties include, but are not limited to, the current
world-wide credit market disruptions and economic slowdown, which is
affecting and could continue to affect the volume of debt and other
securities issued in domestic and/or global capital markets; other
matters that could affect the volume of debt and other securities issued
in domestic and/or global capital markets, including regulation, credit
quality concerns, changes in interest rates and other volatility in the
financial markets such as that due to the U.K.’s referendum vote whereby
the U.K. citizens voted to withdraw from the EU; the level of merger and
acquisition activity in the U.S. and abroad; the uncertain effectiveness
and possible collateral consequences of U.S. and foreign government
initiatives to respond to the current world-wide credit market
disruptions and economic slowdown; concerns in the marketplace affecting
our credibility or otherwise affecting market perceptions of the
integrity or utility of independent credit agency ratings; the
introduction of competing products or technologies by other companies;
pricing pressure from competitors and/or customers; the level of success
of new product development and global expansion; the impact of
regulation as an NRSRO, the potential for new U.S., state and local
legislation and regulations, including provisions in the Financial
Reform Act and regulations resulting from that Act; the potential for
increased competition and regulation in the EU and other foreign
jurisdictions; exposure to litigation related to our rating opinions, as
well as any other litigation, government and regulatory proceedings,
investigations and inquires to which the Company may be subject from
time to time; provisions in the Financial Reform Act legislation
modifying the pleading standards, and EU regulations modifying the
liability standards, applicable to credit rating agencies in a manner
adverse to credit rating agencies; provisions of EU regulations imposing
additional procedural and substantive requirements on the pricing of
services; the possible loss of key employees; failures or malfunctions
of our operations and infrastructure; any vulnerabilities to cyber
threats or other cybersecurity concerns; the outcome of any review by
controlling tax authorities of the Company’s global tax planning
initiatives; exposure to potential criminal sanctions or civil remedies
if the Company fails to comply with foreign and U.S. laws and
regulations that are applicable in the jurisdictions in which the
Company operates, including sanctions laws, anti-corruption laws, and
local laws prohibiting corrupt payments to government officials; the
impact of mergers, acquisitions or other business combinations and the
ability of the Company to successfully integrate acquired businesses;
currency and foreign exchange volatility; the level of future cash
flows; the levels of capital investments; and a decline in the demand
for credit risk management tools by financial institutions. These
factors, risks and uncertainties as well as other risks and
uncertainties that could cause Moody’s actual results to differ
materially from those contemplated, expressed, projected, anticipated or
implied in the forward-looking statements are described in greater
detail under “Risk Factors” in Part I, Item 1A of the Company’s annual
report on Form 10-K for the year ended December 31, 2015, and in other
filings made by the Company from time to time with the SEC or in
materials incorporated herein or therein. Stockholders and investors are
cautioned that the occurrence of any of these factors, risks and
uncertainties may cause the Company’s actual results to differ
materially from those contemplated, expressed, projected, anticipated or
implied in the forward-looking statements, which could have a material
and adverse effect on the Company’s business, results of operations and
financial condition. New factors may emerge from time to time, and it is
not possible for the Company to predict new factors, nor can the Company
assess the potential effect of any new factors on it.

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Source: Moody's Corporation Investor Relations