Pecora Commission
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The Pecora Investigation was an inquiry begun on March 4, 1932, by the
United States Senate Committee on Banking and Currency The United States Senate Committee on Banking, Housing, and Urban Affairs (formerly the Committee on Banking and Currency), also known as the Senate Banking Committee, has jurisdiction over matters related to banks and banking, price controls, d ...
to investigate 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 coll ...
. The name refers to the fourth and final chief counsel for the investigation, Ferdinand Pecora. His exposure of abusive practices in the financial industry galvanized broad public support for stricter regulations. As a result, the U.S. Congress passed the Glass–Steagall Banking Act of 1933, 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 land ...
.


History

Following the 1929 Wall Street Crash, the U.S. economy had gone into a depression, and a large number of banks failed. The Pecora Investigation sought to uncover the causes of the financial collapse. As chief counsel, Ferdinand Pecora personally examined many high-profile witnesses, who included some of the nation's most influential bankers and
stockbroker A stockbroker is a regulated broker, broker-dealer, or registered investment adviser (in the United States) who may provide financial advisory and investment management services and execute transactions such as the purchase or sale of stock ...
s. Among these witnesses were 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 liste ...
;
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 i ...
ers Otto H. Kahn,
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 le ...
,
Thomas W. Lamont Thomas William Lamont Jr. (September 30, 1870 – February 2, 1948) was an American banker. Early life Lamont was born in Claverack, New York. His parents were Thomas Lamont, a Methodist minister, and Caroline Deuel Jayne. Since his father was ...
, and
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 D ...
; and celebrated
commodity In economics, a commodity is an economic good, usually a resource, that has full or substantial fungibility: that is, the market treats instances of the good as equivalent or nearly so with no regard to who produced them. The price of a co ...
market speculators such as
Arthur W. Cutten Arthur William Cutten (July 6, 1870 – June 24, 1936) was a Canadian-born businessman who gained great wealth and prominence as a commodity speculator in the United States. He was called to appear before the Banking and Currency Committee in reg ...
. Given wide media coverage, the testimony of the powerful banker J. P. Morgan Jr. caused a public outcry after he admitted under examination that he and many of his partners had not paid any income taxes in 1931 and 1932.


Investigations (1932-34)

The investigation was launched by a majority- Republican Senate, under the Banking Committee's chairman, Senator Peter Norbeck. Hearings began on April 11, 1932, but were criticized by Democratic Party members and their supporters as being little more than an attempt by the Republicans to appease the growing demands of an angry American public suffering through 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 ...
. Two chief counsels were fired for ineffectiveness, and a third resigned after the committee refused to give him broad
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
power. In January 1933, Ferdinand Pecora, 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 ...
for
New York County Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
, was hired to write the final report. Discovering that the investigation was incomplete, Pecora requested permission to hold an additional month of hearings. His exposé of the 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 ...
) made banner headlines and caused the bank's president to resign. Democrats had won the majority in the Senate, and the new president, Franklin D. Roosevelt, urged the new Democratic chairman of the Banking Committee, Senator
Duncan U. Fletcher Duncan Upshaw Fletcher (January 6, 1859June 17, 1936) was an American lawyer and politician of the Democratic Party. Senator Fletcher was the longest-serving U.S. Senator in Florida's history. He also served two terms as Mayor of Jacksonville a ...
, to let Pecora continue the probe. So actively did Pecora pursue the investigation that his name became publicly identified with it, rather than the committee's chairman. The Pecora Investigation uncovered a wide range of abusive practices on the part of banks and bank affiliates. These included a variety of
conflicts of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple wikt:interest#Noun, interests, finance, financial or otherwise, and serving one interest could involve working against another. Typically, t ...
, such as the
underwriting Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liabili ...
of unsound securities in order to pay off bad bank loans, as well as "pool operations" to support the price of bank stocks. The hearings galvanized broad public support for new banking and securities laws. As a result of the Pecora Commission's findings, the United States Congress passed the Glass–Steagall Banking Act of 1933 to separate commercial and investment banking, 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 ...
to set penalties for filing false information about stock offerings, 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 land ...
, which formed the SEC, to regulate the stock exchanges. The Banking Committee's hearings ended on May 4, 1934, after which Pecora was appointed as one of the first commissioners of the SEC.


Impact

Historian Michael Perino argues that Pecora's investigation "Forever Changed American Finance'' by its impact on the financial laws of the
New Deal The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Con ...
. In 1939, Ferdinand Pecora published a memoir that recounted details of the investigations, ''Wall Street Under Oath''. Pecora wrote: "Bitterly hostile was Wall Street to the enactment of the regulatory legislation." As to disclosure rules, he stated that "Had there been full disclosure of what was being done in furtherance of these schemes, they could not long have survived the fierce light of publicity and criticism. Legal chicanery and pitch darkness were the banker's stoutest allies." In 2010, a similar investigation was launched by the U.S. Congress into the reasons behind the 2007–2008 crash of Wall Street and the resultant economic crisis and recession.


See also

*
Pujo Committee The Pujo Committee was a United States congressional subcommittee in 1912–1913 that was formed to investigate the so-called "money trust", a community of Wall Street bankers and financiers that exerted powerful control over the nation's finances ...
* ''
United States v. Morgan (1953) ''United States v. Morgan'', 118 F. Supp. 621 (S.D.N.Y. 1953), more commonly referred to as the Investment Bankers Case was a multi-year antitrust case brought by the United States Justice Department against seventeen of the most prominent Wall S ...
'' (the “Investment Bankers Case”)


References


Further reading


Pecora Commission Report 1934
* A retrospective of the Pecora Commission's conclusions. * * De Long, J. Bradford. "J.P. Morgan and his money trust." ''Wilson Quarterly'' 16.4 (1992): 16-3
online
* * *


External links



* ttp://www.sechistorical.org/collection/papers/1930/1934_06_06_Intro_to_Pecora_C.pdf Introduction to the Banking Committee's Report
Damnation of Mitchell
''
Time Time is the continued sequence of existence and event (philosophy), events that occurs in an apparently irreversible process, irreversible succession from the past, through the present, into the future. It is a component quantity of various me ...
'' magazine 1929.
Pecora Investigation Hearings
Also known as ''Stock Exchange Practices. Hearings before the Committee on Banking and Currency Pursuant to S.Res. 84 and S.Res. 56 and S.Res. 97.'' The full-text of these hearings are posted on the FRASER website of the Federal Reserve Bank of St. Louis in searchable pdf format. {{United States congressional committees Reports of the United States government Defunct committees of the United States Senate 1932 establishments in Washington, D.C. 1936 disestablishments in Washington, D.C. United States national commissions Great Depression in the United States History of banking in the United States Separation of investment and retail banking