Ferdinand Pecora
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Ferdinand Pecora (January 6, 1882 – December 7, 1971) was an American
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
and
New York State Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
who became famous in the 1930s as Chief Counsel to the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
Committee on Banking and Currency during its investigation of Wall Street banking and stock brokerage practices.


Early life

Ferdinand Pecora was born in
Nicosia Nicosia ( ; el, Λευκωσία, Lefkosía ; tr, Lefkoşa ; hy, Նիկոսիա, romanized: ''Nikosia''; Cypriot Arabic: Nikusiya) is the largest city, capital, and seat of government of Cyprus. It is located near the centre of the Mesaor ...
,
Sicily (man) it, Siciliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = Ethnicity , demographics1_footnotes = , demographi ...
, the son of Louis Pecora and Rosa Messina, who
emigrated Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to permanently leave a country). Conversely, immigration describes the movement of people into one country from another (to permanentl ...
to the United States in 1886. He grew up in
Chelsea, Manhattan Chelsea is a neighborhood on the West Side of the borough of Manhattan in New York City. The area's boundaries are roughly 14th Street to the south, the Hudson River and West Street to the west, and Sixth Avenue to the east, with its northern b ...
. After briefly studying for the Episcopal ministry, Pecora attended St. Stephen's College (now
Bard College Bard College is a private college, private Liberal arts colleges in the United States, liberal arts college in Annandale-on-Hudson, New York. The campus overlooks the Hudson River and Catskill Mountains, and is within the Hudson River Historic ...
) and the
City University of New York The City University of New York ( CUNY; , ) is the Public university, public university system of Education in New York City, New York City. It is the largest urban university system in the United States, comprising 25 campuses: eleven Upper divis ...
before he was forced to leave school when his father was injured in an industrial accident.


Career

After securing a job as a clerk in a Wall Street law firm, Pecora eventually attended
New York Law School New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
and became a member of the New York bar in 1911.


New York City public prosecution

Originally a Progressive Republican, he became a member of the Democratic Party and
Tammany Hall Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York City political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society. It became the main loc ...
in 1916. In 1918, he was appointed as an assistant
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
in New York City. Over the next twelve years, he earned a reputation in the city as an honest and talented prosecutor. Although he had little experience with Wall Street, he helped shut down more than 100 bucket shops. In 1922, Pecora was named chief assistant district attorney, the number-two man in the office under the newly elected Joab H. Banton. In 1929, Banton chose Pecora as his heir apparent, but Tammany Hall refused to nominate him, fearing that the honest Pecora might bring prosecutions against its members. Pecora left the district attorney's office for private practice, where he remained until 1933.


Senate

Ferdinand Pecora was appointed chief counsel to the U.S. Senate's Committee on Banking and Currency in January 1933, in the last months of the
Herbert Hoover Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was an American politician who served as the 31st president of the United States from 1929 to 1933 and a member of the Republican Party, holding office during the onset of the Gr ...
presidency, by the committee's outgoing Republican chairman,
Peter Norbeck Peter Norbeck (August 27, 1870December 20, 1936) was an American politician from South Dakota. After serving two terms as the ninth Governor of South Dakota, Norbeck was elected to three consecutive terms as a United States Senator. Norbeck was ...
, and continued under Democratic chairman
Duncan Fletcher Duncan Andrew Gwynne Fletcher (born 27 September 1948) is a Zimbabwean cricket coach and former cricketer, who has coached the England and Indian national teams. He was England coach between 1999 and 2007, and is credited with the resurgence ...
, following the 1932 election that swept
Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
into the
U.S. presidency The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
and gave the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
control of the Senate. The Senate committee hearings that Pecora led probed the causes of the
Wall Street Crash of 1929 The Wall Street Crash of 1929, also known as the Great Crash, was a major American stock market crash that occurred in the autumn of 1929. It started in September and ended late in October, when share prices on the New York Stock Exchange colla ...
that launched a major reform of the American financial system. Pecora, aided by
John T. Flynn John Thomas Flynn (October 25, 1882 – April 13, 1964) was an American journalist best known for his opposition to President Franklin D. Roosevelt and to American entry into World War II. In September 1940, Flynn helped establish the America Fi ...
, a journalist, and
Max Lowenthal Max Lowenthal (1888–1971) was a Washington, DC, political figure in all three branches of the federal government in the 1930s and 1940s, during which time he was closely associated with the rising career of Harry S. Truman; he served under Osca ...
, a lawyer, personally undertook many of the interrogations during the hearings, including such
Wall Street Wall Street is an eight-block-long street in the Financial District of Lower Manhattan in New York City. It runs between Broadway in the west to South Street and the East River in the east. The term "Wall Street" has become a metonym for t ...
personalities as Richard Whitney, president of the
New York Stock Exchange The New York Stock Exchange (NYSE, nicknamed "The Big Board") is an American stock exchange in the Financial District of Lower Manhattan in New York City. It is by far the world's largest stock exchange by market capitalization of its listed c ...
, George Whitney (a partner in J.P. Morgan & Co.) and
investment bank Investment is the dedication of money to purchase of an asset to attain an increase in value over a period of time. Investment requires a sacrifice of some present asset, such as time, money, or effort. In finance, the purpose of investing is ...
ers Thomas W. Lamont, Otto H. Kahn,
Albert H. Wiggin Albert Henry Wiggin (February 21, 1868 – May 21, 1951) was an American banker. General Electric's Owen D. Young once described him as "the most colorful and attractive figure in the commercial banking world" of his time. Wiggin was the Di ...
of
Chase National Bank JPMorgan Chase Bank, N.A., Trade name, doing business as Chase Bank or often as Chase, is an American national bank headquartered in New York City, that constitutes the retail banking, consumer and commercial bank, commercial banking subsidiar ...
, and
Charles E. Mitchell Charles Edwin Mitchell (October 6, 1877 – December 14, 1955) was an American banker whose incautious securities policies facilitated the speculation which led to the Crash of 1929. First National City Bank's (now Citibank) abuses under his l ...
of National City Bank (now
Citibank Citibank, N. A. (N. A. stands for " National Association") is the primary U.S. banking subsidiary of financial services multinational Citigroup. Citibank was founded in 1812 as the City Bank of New York, and later became First National City ...
). Because of Pecora's work, the hearings soon acquired the popular name the
Pecora Commission The Pecora Investigation was an inquiry begun on March 4, 1932, by the United States Senate Committee on Banking and Currency to investigate the causes of the Wall Street Crash of 1929. The name refers to the fourth and final chief counsel for th ...
, and ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' magazine featured Pecora on the cover of its June 12, 1933, issue. Pecora's investigation unearthed evidence of irregular practices in the financial markets that benefited the rich at the expense of ordinary investors, including exposure of Morgan's "preferred list" by which the bank's influential friends (including
Calvin Coolidge Calvin Coolidge (born John Calvin Coolidge Jr.; ; July 4, 1872January 5, 1933) was the 30th president of the United States from 1923 to 1929. Born in Vermont, Coolidge was a History of the Republican Party (United States), Republican lawyer ...
, the former president, and
Owen J. Roberts Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court from 1930 to 1945. He also led two Roberts Commissions, the first of which investigated the attack on Pearl Harbor, and the seco ...
, a justice of
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
) participated in stock offerings at steeply discounted rates. He also revealed that National City sold off bad loans to Latin American countries by packing them into securities and selling them to unsuspecting investors, that Wiggin had shorted Chase shares during the crash, profiting from falling prices, and that Mitchell and top officers at National City had received $2.4 million in interest-free loans from the bank's coffers. Spurred by these revelations, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
enacted the Glass–Steagall Act, the
Securities Act of 1933 The Securities Act of 1933, also known as the 1933 Act, the Securities Act, the Truth in Securities Act, the Federal Securities Act, and the '33 Act, was enacted by the United States Congress on May 27, 1933, during the Great Depression and after ...
and the
Securities Exchange Act of 1934 The Securities Exchange Act of 1934 (also called the Exchange Act, '34 Act, or 1934 Act) (, codified at et seq.) is a law governing the secondary trading of securities (stocks, bonds, and debentures) in the United States of America. A landma ...
. With the United States in the grips of the
Great Depression The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
, Pecora's investigations highlighted the contrast between the lives of millions of Americans in abject poverty and the lives of such financiers as
J.P. Morgan, Jr. John Pierpont Morgan Jr. (September 7, 1867 – March 13, 1943) was an American banker, finance executive, and philanthropist. He inherited the family fortune and took over the business interests including J.P. Morgan & Co. after his father J. ...
; under Pecora's questioning, Morgan and many of his partners admitted that they had paid no income tax in 1931 and 1932; they explained their failure to pay taxes by reference to their losses in the stock market's decline.


SEC

After Pecora closed his investigations, on July 2, 1934, President Roosevelt appointed him a Commissioner of the newly formed
U.S. Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
(SEC).


New York State Supreme Court

On January 21, 1935, Pecora resigned from the SEC (to be replaced by
James Delmage Ross James Delmage Ross (November 9, 1872 – March 14, 1939) was the superintendent of lighting for Seattle for 28 years and was the first administrator of the Bonneville Power Administration. He was instrumental in developing the Cedar Falls and Skag ...
) and became a judge of the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, a position he held until 1950, when he ran unsuccessfully against
Vincent R. Impellitteri Vincent Richard Impellitteri (born Vincenzo Impellitteri; February 4, 1900 – January 29, 1987) was an American politician and judge who served as the 101st Mayor of New York City, 1950–53. He was elected as a Democrat as president of the City ...
for Mayor of New York City. On October 17, 1950, Judge Pecora and US Senator Herbert H. Lehman (D-NY) gave radio addresses on behalf of the
CIO-PAC The first-ever "political action committee" in the United States of America was the Congress of Industrial Organizations – Political Action Committee or CIO-PAC (1943–1955). What distinguished the CIO-PAC from previous political groups (incl ...
during prime (10:30-11:15 P.M.).


National Lawyers Guild

In 1937, Pecora was a founding member of the
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
(NLG). On March 1, 1938, Pecora become NLG president, noted as a "forceful speaker." Pecora resigned from the NLG during its third annual convention in 1939 after the vote against his resolution disavowing communists failed to carry in the national vote.


Private practice

Returning to the practice of law, Pecora represented such major clients as Warner Bros. Pictures Distributing Corporation, ''et al''. as respondents before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in the 1954 case, ''Theatre Enterprises v.
Paramount Paramount (from the word ''paramount'' meaning "above all others") may refer to: Entertainment and music companies * Paramount Global, also known simply as Paramount, an American mass media company formerly known as ViacomCBS. The following busin ...
'', 346 U.S. 537.


Personal life

Pecora and his wife, Florence Louise Waterman, married in 1910 and had one son. He died at the
Ottendorfer Public Library and Stuyvesant Polyclinic Hospital The Ottendorfer Public Library and Stuyvesant Polyclinic Hospital are a pair of historic buildings at 135 and 137 Second Avenue in the East Village neighborhood of Manhattan in New York City. The buildings house the Ottendorfer Branch of the ...
on December 7, 1971. He was 89.


Works

In 1939, Pecora wrote a book about the Senate investigations titled ''Wall Street Under Oath: The Story of Our Modern Money Changers'', which has been reprinted twice: * ''Wall Street Under Oath: The Story of Our Modern Money Changers'' (1939)


References


Further reading

* * There is a brief entry for Pecora in the ''Dictionary of American National Biography'' (Oxford University Press, 1999).


External links

*Chernow, R
"Where Is Our Ferdinand Pecora?"
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. Retrieved on 2009-01-06. *Lewis, Stephen
Investigating the Financial Crisis and My Passion for Borsalino Hats
recalling a personal encounter with Judge Pecora. Retrieved on 2009-01-09. {{DEFAULTSORT:Pecora, Ferdinand 1882 births 1971 deaths United States Senate lawyers People from Manhattan Italian emigrants to the United States New York (state) lawyers New York Law School alumni Members of the U.S. Securities and Exchange Commission New York Supreme Court Justices New York (state) Democrats 20th-century American judges New York (state) Republicans Franklin D. Roosevelt administration personnel People from Nicosia, Sicily