The New Old Age Blog: For Women, Reduced Access to Long-Term Care Insurance

“This was a very, very good business for a short time, with people buying long-term care insurance like it was candy in a candy store,’’ said Michael Perry, a vice president at the Opus Advisory Group, a strategic financial planning firm in Purchase, N.Y.

No more. Mr. Perry has sold only one long-term care policy in the last six months and is “backing off from marketing’’ them as he watches this corner of the insurance business contract, raise premiums, tighten eligibility requirements and reduce key benefits. Long-term care insurance is a comparatively new product, launched in the late ’80s, and only now, as claims begin to pour in, have the actual costs to insurers become apparent.

Companies like MetLife, Prudential Financial, Allianz and Berkshire Financial (a subsidiary of Guardian) have stopped selling new policies and are hiking premiums for the ones already in place — up 37 percent, by one estimate, in 2011. Insurers are increasing elimination periods — the period during which a beneficiary must cover his or her own costs — and reducing inflation protection to 3 percent from 5 percent, once customary. They are requiring home visits instead of phone interviews from new applicants, as well as blood tests and a thorough examination of their medical records.

But the change that has generated the most public attention is so-called gender-distinct pricing, a new strategy that will raise rates for single women by as much as 40 percent beginning in April. Genworth Financial, the nation’s largest long-term care insurance provider with more than a million policy holders, is the first to win approval by state insurance commissions to raise rates for single women purchasing new policies. Women, most of them single by the time they reach advanced age, cost the company $2 of every $3 in benefits paid so far, according to Steve Zabel, Genworth’s senior vice president for long-term care insurance.

The company also will introduce what Mr. Zabel called “enhanced underwriting,” or more stringent qualifying standards, including blood testing to check for nicotine, drugs and markers of cardiovascular disease for all new applicants, regardless of gender or marital status.

Now permitted in all states except Montana and Colorado, gender-distinct pricing will not affect Genworth’s current policyholders, only new applicants. But all other carriers are likely to follow, according to Jesse Slome, executive director of the American Association for Long-Term Insurance, a trade group in Westlake Village, Calif. With the entire industry headed toward higher rates, Mr. Slome recently warned women that “the window is closing” and that now is the time to grab a policy while the price is still manageable.

Women have always paid less than men for life insurance. But because they live longer, women are the disproportionate beneficiaries of long-term care insurance, which paid out $6.6 billion in benefits in 2011. Mr. Slome expects that number to top $7 billion in 2012.

The reasons are well known:

* On average, women outlive men by five years. Among those born in 1960, the average man will live to age 67 and the average woman to age 73. And women who reach age 65 can expect to live an average of 20 more years.

* By age 75, 7 in 10 women are widowed, divorced or have never been married. Some 40 percent of them live alone, compared to 22 percent of men. Two-thirds of those past the age of 85 are women, as are 80 percent of centenarians.

* Women who live to age 65 experience on average two years of disability requiring assistance before death. Those who reach age 80 will require three years of assistance.

* In nursing homes, the most expensive form of long-term care, 7 in 10 residents are women. They represent 76 percent of the residents in assisted living facilities and two-thirds of the recipients of home care. Virtually none of this is paid for by Medicare, the government’s health plan for those 65-and-over. In nursing homes, Medicaid, a poverty program, kicks in for residents who run out of money.

“Woman live longer than men,” said Suzanna de Baca, a vice president of wealth strategies at Ameriprise Financial. “This may mean we experience a longer period of decline. Unfortunately, we are often less likely to have a partner around to help take care of us than our male counterparts.’’

Long-term care, Mr. Slome said, “is truly a women’s issue.”

While acknowledging the extra expense of caring for women, Mr. Slome said that in his view insurance carriers are being disingenuous in blaming the new policies on long-apparent gender differences. Rather he said, the culprit in the changing requirements is interest rates. “Blame the Federal Reserve,’’ he said.

Insurance carriers invest premiums and need to earn enough on that investment to pay benefits. When interest rates were higher, it was not all that difficult. Now the numbers don’t pencil out, and stockholders are fuming. But it is illegal to file for premium increases with the state insurance commissions based on changes in the financial market, Mr. Slome said.

This position does not endear Mr. Slome to his membership, at least one of whom disputes the claim. Asked if the new rate policies were related to interest rates, Mr. Zabel of Genworth, in an e-mail, replied with a succinct “no.”

Insurers say they were not able to judge the costs of care until the payouts began in earnest.

So what is a woman trying to prepare for old age supposed to do, especially after the elimination of the Class Act, a modest attempt to include long-term care in the Affordable Care Act?

Ms. da Baca suggests “careful and thorough budgeting,” “focusing on wellness,” and “proactive steps” to research suitable places to live when home is no longer an option. Ms. da Baca also advises women to make home modifications — incrementally, as one’s budget permits — to increase the chances that you’ll be able to stay there longer.

Mr. Perry, of the Opus Advisory Group, suggests an intriguing option: life insurance with a chronic care rider, which permits the policy-holder to spend money for such needs while alive, although doing so will reduce the tax-free death benefit. Still, not all buyers — or their survivors — are willing to sacrifice those benefits.

“The need is still there, no question about it,’’ Mr. Perry said. But long-term care insurance is likely to become much harder for everyone to find and afford, especially women.


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Chicago sees surge in foreclosure auctions









More than 35,000 homes and small multifamily buildings in the Chicago area completed the foreclosure process last year, the highest number since the housing crisis began, and the vast majority of them became bank-owned.


An increase in foreclosure auctions was expected since lenders shelved many foreclosure cases while state and federal authorities investigated allegations of faulty foreclosure processes. Still, the heightened level of auctions — 35,244 in 2012, compared with 20,281 in 2011 — along with an increase in initial foreclosure filings, shows the local housing market has a long road to recovery, according to the Woodstock Institute.


"There's going to be pain in the housing market in the short term," said Katie Buitrago, senior policy and communications associate at Woodstock. "There's still high levels of filings. Five years into it, there is still work to be done to help people save their homes."








The Chicago-based public policy and research group is expected to release its report on 2012 foreclosure activity Wednesday.


The year-end numbers show that, with few exceptions, all Chicago neighborhoods and suburban communities saw high double-digit percentage gains in auctions last year. Across the six-county area, 91.3 percent of the foreclosed properties were repossessed by lenders. At the same time, notices of initial default sent to homeowners, the first step in the foreclosure process, increased by 2.9 percent last year, to 66,783.


Real estate agents have worried for more than two years about a glut of foreclosed properties — a shadow inventory — that banks would list for sale en masse and cause home values to plunge. That largely has not happened, but the vast number of distressed properties in the market has kept a lid on local home values.


On Tuesday, for instance, Fannie Mae and Freddie Mac's websites listed 2,415 Cook County homes for sale that the two agencies had repossessed.


Chicago-area home prices, including distressed sales, fell 2.3 percent in December from a year ago, housing analytics firm CoreLogic said Tuesday. Illinois was one of only four states to see home-price depreciation.


The increase in auctions "is a mixed blessing," Buitrago said. "We've been having a lot of trouble in the region with vacant properties that have been languishing for years. The longer they're vacant, the more likely they are to be a destabilizing force in their communities."


Woodstock found that within the city of Chicago, there were 20 communities where more than 1 in 10 owner-occupied one- to four-unit residential buildings and condos went through foreclosure from 2008 to 2012. Five of those neighborhoods are included in the city's 18-month-old Micro-Market Recovery Program, a coordinated effort to stabilize neighborhoods and property values hit hard by foreclosures and vacant buildings.


Also designed to benefit hard-hit areas are the recent establishment of a Cook County Land Bank and legislation waiting for Gov. Pat Quinn's signature that will fast-track the foreclosure process for vacant, abandoned homes while providing financial resources to foreclosure prevention efforts.


mepodmolik@tribune.com


Twitter @mepodmolik





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Father saw 'horrifying' accident injure son during opera rehearsal









A fire-breathing stilt walker burned when flames flared up on his face during a dress rehearsal at the Lyric Opera of Chicago is expected to be released from the hospital Thursday, his father told the Chicago Tribune.

“It’s horrifying,” said Clifton Truman Daniel, 55, who was in the audience watching his son Wesley when the mishap occurred late Monday afternoon. “You don’t believe it. At first, everything’s fine. You’re proud of him. You’re amazed at what he’s learned to do, and suddenly he’s in trouble.”

The 24-year-old actor was taken in serious-to-critical condition to Northwestern Memorial Hospital suffering burns to his throat and second-degree burns to his face, fire officials said. Initially, it was thought Daniel was not suffering breathing problems, but he apparently was and was transferred to Loyola University Medical Center in critical condition, officials said.

Doctors intubated Daniel as a precaution to help him breathe, his father said. But there was no damage to his lungs or airway and the tube was removed Monday night, according to his father.

"Doctors likened them to a severe sunburn and he will heal,” his father said of the burns. “He shouldn’t have any scarring.”

Clifton Daniel said he was happily sitting in the audience of the Lyric Opera, watching his son walk on stilts and spit fire out of his mouth.

He watched as Wesley Daniel picked up a torch and a little jar of fluid and blew two fire balls. Then suddenly his son’s mask was on fire and he started patting his neck and chest before walking across the stage toward stagehands who were carrying fire extinguishers.

Daniel said he ran to his son backstage, where he was being treated with compresses. Paramedics had already been called and his son was upbeat, even giving a thumbs-up, the father said.

Clifton Truman Daniel said he is the grandson of former President Harry S. Truman and Wesley Daniel is the president's great-grandson.

Wesley Daniel said his son graduated from Roosevelt University and has been acting for about three years. He was hired as a back-up for the opera “Die Meistersinger von Nurnberg” in case someone called in sick or didn’t show up. Wesley Daniel stepped in when an actor was injured last week, his father said.


David Kersnar, who directed Daniel in Lookingglass and Next Theatre productions last year and also worked with him at Roosevelt University, described the young actor as an experienced physical performer with circus training. 

“It was the first time he was on the Lyric stage, but this is what he does,” said Kersnar, a Roosevelt adjunct professor. “He’s very funny, very strong, very skilled and smart. He doesn’t do stupid stuff. I was very surprised to hear this went wrong.”

Kersnar said Daniel performed various stunts for him, such as dressing as an ingenue and lifting the title character of “Pulcinella,” at the Lookingglass performance with the Chicago Symphony Orchestra. “This is the actor life. They do a lot of different things. He’s a jack of all trades.”

Kersnar was on his way to visit Daniel in the hospital Tuesday after the actor had emailed him a photo. “He’s all bandaged up but he’s got this funny look in his eyes like, ‘Look at the mess I’ve got myself into,’” Kersnar said.


Tribune photographer Jason Wambsgans, who was at the rehearsal, said it appeared Daniel had spilled propellant "on his chin or his chest or something. It kind of consumed him, and he was staggering across the stage and then fell off his stilts on the opposite side of the stage.”

Wambsgans said he arrived at the rehearsal at the beginning of the third act to take pictures for an upcoming Tribune review of the opera “Die Meistersinger von Nurnberg.”

The first scene of the third act took about an hour. It was in the second scene when Wambsgans pulled out a telephotoe lens to take pictures of the busy stage full of extras, in this case, circus performers. Daniel was one of them.

When it appeared that Daniel, on stilts, was ready to put some sort of propellant in his mouth to shoot fireballs, Wambsgans said he started snapping and captured the flames flaring up on Daniel.

Wambsgans said he saw people in the wings of the stage spraying Daniel with fire extinguishers. “Half of the extras were transfixed by that,” Wambsgans said.

It took about 15 more seconds before the rest of the extras stopped singing and acting, realizing what had happened, he said.

After a 30-minute break, a visibly distressed crew was back rehearsing, Wambsgans said. But the rehearsal was cut short, ending about 6 p.m.

Daniel was wearing a flame-proof costume and mask, a spokeswoman for the Lyric said in an email.  The dress rehearsal was interrupted, but it later resumed and was in the last act of “Die Meistersinger von Nurnberg” by about 5:30 p.m.

Daniel was performing a stunt that had been approved by the Fire Department, according to the Lyric.








The Occupational Safety and Health Administration opened up an investigation into the incident after hearing about Wesley’s accident through the media, said spokesman Scott Allen. A compliance officer went to the Lyric Opera House this morning and talked to witnesses and employees to find out what may have caused the accident and if the opera house violated any OSHA regulations, he added.


Drew Landmesser, the Lyric’s deputy general director who focuses on backstage activities, said the company is still trying to determine the accident’s cause.


“We don’t exactly know the cause of the accident, just that it was a terrible accident and he seems to be doing well,” Landmesser said.


He stressed that Daniel was experienced with such a fire-spitting stunt, which he characterized as routine in the entertainment world.


“You’ve seen this a thousand times: at carnivals, at Renaissance fairs, at kids parties,” Landmesser said. “It’s a common routine for a performer like this.”


That said, Daniel was the replacement for a previous performer who was removed after a mishap involving the same stunt.


“He had a handlebar mustache, and handlebar mustaches and fire-spitting don’t go well together,” Landmesser said, noting that the mustache “got singed, but there was no injury.”


Landmesser said Daniel’s mask never caught fire; nor did his costume.


“The fuel he was spitting was the only thing that was on fire,” he said, adding that the stunt has been removed from the production mostly so audience members won’t become distracted during one of the opera’s climatic scenes. “I think that frankly the press made something hysterical that was a rather calm event, but why upset people, let anyone misunderstand what happened or how safe it is?”


jdelgado@tribune.com


lford@tribune.com


ehirst@tribune.com



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SciTimes Update: Recent Developments in Science and Health News


Red Bull Stratos/European Pressphoto Agency


Felix Baumgartner of Austria jumps from 24 miles up in Roswell, New Mexico.







Tuesday in science, sharks with an image problem, good teeth get more dates, dog geniuses and remembering your dreams. Check out these headlines and other science news from around the Web.




Supersonic Skydiver: Skydiver Felix Baumgartner was faster than he or anyone else thought during his record-setting jump last October from 24 miles up. The Austrian parachutist known as “Fearless Felix” reached 843.6 mph, reports The Associated Press.


Stress Through Generations: For the first time, genes chemically silenced by stress during life have been shown to remain silenced in eggs and sperm in mice, possibly allowing the effect of stress to be passed down to the next generation, reports The Washington Post.


Man Bites Shark: A new study refutes the shark’s reputation as a bloodthirsty stalker of humans, reports Reuters. There’s no basis for believing that sharks have a taste for human flesh, the study argues. Human swimmers, often dressed in black wet suits and looking like seals, are instead mistaken for sharks’ usual prey.


What Singles Want: Good teeth, grammar and humor are important to singles, a new USA Today survey reports.


The Farmer’s Workout: Farmers -- the people counted on to feed the nation -- are facing weight gains of their own, reports Gannett News.


Yes, They Do Windows: The Wall Street Journal reports on window-washing robots.


Staying In: To keep patients out of the hospital, health care providers are bringing back revamped versions of a time-honored practice: the house call.


Spill Your Secrets: Teenagers who share their secrets in confidence with parents and friends have fewer headaches and depressed moods and are more confident in social situations than those who keep secrets to themselves, according to a report in The Journal of Adolescence.


Drilling on Mars: NASA’s Curiosity rover, the S.U.V.-sized robot exploring Mars, is getting ready to spin its drill bit for the first time, reports The Christian Science Monitor.


Couch Potatoes: Men who watch a lot of television have lower sperm counts than those who don’t watch any, reports ScienceNews.org.


Dream a Little Dream: Anyone who has ever awoken feeling amazed by their night’s dream only to forget its contents by the time they reach the shower will understand the difficulties of studying such an ephemeral state of mind, reports New Scientist.


Smart Dogs: Scientific American explores the science of dog intelligence.


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Deficit hits 5-year low, but cuts drag economy









WASHINGTON -- The federal deficit will drop to less than $1 trillion for the first time in five years, but massive spending cuts that have improved the budget outlook are also slowing the economy, according to a report released Tuesday by the Congressional Budget office.


The nonpartisan arbiter of federal budgets said the combination of new tax revenue from the "fiscal cliff" deal as well as looming cuts that kick in March 1 will push the deficit down to $845 billion for fiscal 2013. Deficits have topped $1 trillion in recent years.


The projections will fuel the coming budget debates, which started Tuesday as President Obama was calling on Congress to steer around the coming budget cuts.





The budget office said the cuts will contribute to an economy that lags in 2013. The unemployment rate likely will remain above 7.5% through the year. It predicted that the gross domestic product will be well below its potential, growing by just 1.4%, more than half a percentage point slower than would happen if the spending cuts were averted.


At the same time, the nation's debt load is expected to fluctuate but ultimately rise to record levels this decade, largely because of increased spending on healthcare and the federal safety net for older Americans with the aging of the baby boom population.


Additionally, the outlook shows how difficult it will be for House Republicans to accomplish their goal of balancing the budget in 10 years with potentially deep austerity measures.


Even though revenue is rising and spending is decreasing, the overall budget outlook remains stark. By the end of the decade, public debt is set to rise to 77% of GDP, a decade of highs on par with debt levels in World War II.


"The projected path of the federal budget remains a significant concern," the CBO wrote.


Follow Politics Now on Twitter and Facebook


Lisa.mascaro@latimes.com


Twitter: @LisaMascaroinDC





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NFL: Beyonce show had no role in Super Bowl power failure









NEW ORLEANS—





The National Football League was still working with New Orleans officials on Monday to determine what caused the power outage at Sunday's Super Bowl at the Superdome, so far dismissing any connection with the Beyonce halftime show.

With a record U.S. television audience watching along with viewers in 180 countries, about half the stadium lights went dark early in the second half of the game, in which the Baltimore Ravens defeated the San Francisco 49ers, 34-31.






NFL commissioner Roger Goodell told reporters on Monday an investigation was under way to determine the cause of the 35-minute disruption but one possible explanation had already been eliminated.

"There's no indication at all that this was caused by the halftime show," Goodell said. "I know that's out there, that Beyonce's halftime show had something to do with it. That is not the case from anything we have at this point."

Entergy Corp, the utility providing power to the Superdome, said its distribution and transmission feeders were serving the Superdome at all times.

Early indications were that the outage resulted from an abnormality in the Superdome's power system but it was too early to speculate on what went wrong, said Doug Thornton, senior vice president of the Superdome's management company, SMG.

A piece of equipment designed to monitor electrical load sensed an abnormality in the system where the Superdome equipment intersects with Entergy's feed into the building, triggering an automatic cut in power, SMG and Entergy said in a joint statement.

There was never any concern the power could not be restored, but it took time because of the size of the stadium and the complexities of the power system, Thornton said.

"We had people in place that could quickly work to restore power. We had experts on site, as we normally do when we have big events like this, our electrician, our electrical consultants were there and we were able to quickly work on that," Thornton said.

"There were no injuries, people remained calm, we had a pre-programmed announcement that was actually played. These are things that we actually drilled for."

None of the players or coaches said the stoppage had any impact on the game, and Goodell said the power problem would not adversely affect future bids by New Orleans to stage the Super Bowl, the United States' most-watched sports event.

"I fully expect that we will be back here for Super Bowls," Goodell said. "I hope we will be back. We want to be back ... I don't think this will have any impact at all on what I think will be remembered for one of the greatest Super Bowl weeks."

(Editing by Daniel Trotta and Dale Hudson)

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Kuwait says backs free speech but must protect ruling emir






KUWAIT (Reuters) – Kuwait supports free speech but must act against illegal comments made about the Gulf state’s ruler, the government said on Monday, after a Twitter user was jailed for five years.


A Kuwaiti court sentenced a man to prison on Sunday for insulting the emir on the social networking site, a rights lawyer and news websites said, in the latest prosecution for criticism of authorities via social media.






“Kuwait has a longstanding proud tradition of open debate and free speech,” the Ministry of Information, which regulates the media, said in a statement to Reuters addressing the case.


“We are a country led by the rule of law and our constitution holds our Emir to be inviolable. If our citizens wish to amend the constitution there is a straightforward legal way to do this, but we will not selectively enforce our laws.”


In recent months Kuwait has penalized several Twitter users for criticizing the emir, who is described as “immune and inviolable” in the constitution.


Kuwait allows the most dissent in the Gulf Arab region and boasts a lively press and critical political debate. But the U.S. ally and OPEC member has been clamping down on politically sensitive comments aired on the internet in recent months.


Twitter is extremely popular in the country of 3.7 million inhabitants and well-known figures can have hundreds of thousands of followers.


In January, a court sentenced two men in separate cases to jail time for insulting the emir on Twitter.


In June last year, a man was sentenced to 10 years in prison after he was convicted of endangering state security by insulting the Prophet Mohammad and the Sunni Muslim rulers of Saudi Arabia and Bahrain on social media.


Two months later, authorities detained a member of the ruling family over remarks on Twitter in which he accused authorities of corruption and called for political reform.


Kuwait has avoided the kind of mass unrest that has spread across the Arab region in the past two years but in 2012 tension escalated between authorities and opposition groups ahead of a parliamentary election.


(Reporting by Sylvia Westall; Editing by Mark Heinrich)


Internet News Headlines – Yahoo! News





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Fall Out Boy ends three-year break with new album, tour






LOS ANGELES (Reuters) – Fall Out Boy unveiled plans for a new album and world tour on Monday, three years after the pop punk band‘s four members announced a hiatus to pursue solo projects.


“This isn’t a reunion,” the band said on its website, “because we never broke up.”






The new album, “Save Rock and Roll,” will be available worldwide on May 6-7. A tour kicks off Monday night in Chicago.


A new song, “My Songs Know What You Did In the Dark (Light Em Up),” is available on iTunes.


“When we were kids the only thing that got us through most days was music,” the band’s website statement said. “We needed to plug back in and make some music that matters to us. The future of Fall Out Boy starts now.”


Fall Out Boy soared to fame in 2005 with the album “From Under the Cork Tree.” Hit songs like “Sugar, We’re Goin Down” and “Dance, Dance” mixed energetic guitars and angst-ridden lyrics. The group released two more albums in 2007 and 2008 but went on an indefinite hiatus in 2009.


The band’s members include bassist and lyricist Pete Wentz, vocalist and guitarist Patrick Stump, guitarist Joe Trohman and drummer Andy Hurley.


(Reporting By Nichola Groom; Editing by Bill Trott)


Music News Headlines – Yahoo! News





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Really?: Really? When a Dieter Eats Can Influence Weight Loss

Really?

Anahad O’Connor tackles health myths.

THE FACTS

In The New England Journal of Medicine last week, a prominent researcher noted that much of the conventional wisdom about weight loss has little basis in science. But his article did not address one oft-asked question: Is your waistline affected by when you eat, or is a calorie always just a calorie whenever you eat it?

To seasoned dieters, the claim that eating late can spell trouble is nothing new. But the idea has lacked evidence from credible human studies. Most of the research to date has shown that eating late is linked to weight gain, but late eaters also tend to consume more calories over all.

In a new study, published in The International Journal of Obesity, researchers at Harvard and elsewhere followed 420 overweight men and women in Spain in a 20-week weight loss program.

The subjects were split into two groups. Each followed a similar diet, got equivalent amounts of sleep, and had similar caloric intakes and expenditures. They also showed no differences in two hormones that play a key role in appetite, leptin and ghrelin.

But there was a critical difference in the timing of their main meal of the day, which in this case, because of the Mediterranean setting, was lunch. In both groups, the meal comprised about 40 percent of their daily calories. But one group consistently ate it before 3 p.m. daily, while the other did so after 3 p.m.

By the end of the study, despite similar caloric intakes, the late eaters had lost significantly less weight. They also showed lower insulin sensitivity, which increases the risk of diabetes.

Weight loss strategies, the authors wrote, should focus not just on calories and nutrients, “but also the timing of food.”

THE BOTTOM LINE

The timing of your meals may not be everything when it comes to weight loss, but it does appear to play a role.

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S&P says US to sue over ratings









Standard & Poor's on Monday said it expects to be the target of a U.S. Department of Justice civil lawsuit over its ratings of mortgage bonds prior to the recent financial crisis.

The lawsuit against the McGraw-Hill Cos unit focuses on its ratings in 2007 of various U.S. collateralized debt obligations (CDO), S&P said.

It would be the first federal enforcement action against a credit rating agency over alleged illegal behavior tied to the financial crisis.

"A DOJ lawsuit would be entirely without factual or legal merit," S&P said in a statement. "The DOJ would be wrong in contending that S&P ratings were motivated by commercial considerations and not issued in good faith."

The Justice Department was not immediately available for comment.

Several state attorneys general are expected to join the case, The Wall Street Journal said, citing people familiar with the matter. The expected charges follow the breakdown of talks between the department and S&P, the newspaper said, citing the people.

In afternoon trading, McGraw-Hill shares were down $2.39, or 4.1 percent, at $55.95.

S&P and its main rivals, Moody's Corp's Moody's Investors Service and Fimalac SA's Fitch Ratings, have long faced criticism from investors, politicians and regulators for assigning high ratings to thousands of subprime and other mortgage securities that quickly turned sour.

The rating agencies are paid by issuers for ratings, a standard industry practice that has nonetheless raised concern about potential conflicts of interest.

In January 2011, the Financial Crisis Inquiry Commission called the agencies "essential cogs in the wheel of financial destruction" and "key enablers of the financial meltdown."

McGraw-Hill had acknowledged last July that the Justice Department and SEC were probing potential violations by S&P tied to its ratings of structured products, and that it was in talks to try to avert a lawsuit.

The New York-based company had previously disclosed an SEC probe into its ratings of a $1.6 billion CDO known as Delphinus CDO 2007-1. It was not immediately clear whether that CDO is a focus of the potential lawsuits.

Last July, Mizuho Financial Group Inc agreed to a $127.5 million settlement to resolve SEC allegations that a U.S. unit obtained false credit ratings for Delphinus.

In a variety of lawsuits brought by investors, S&P has maintained that its ratings constitute opinions protected by the 1st Amendment to the U.S. Constitution.

Last August, a Manhattan federal judge refused to dismiss one such case, brought by Abu Dhabi Commercial Bank, King County in Washington state, and other investors against S&P, Moody's and Morgan Stanley over losses in Cheyne, a structured investment vehicle.

Cheyne went bankrupt in August 2007. A trial is scheduled to begin on May 6, court records show.

In its statement, S&P said it "deeply regrets" how its CDO ratings failed to anticipate the fast-deteriorating mortgage market conditions, and that it has since spent $400 million to help bolster the quality of its ratings.

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