Ferdinand Pecora
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Ferdinand Pecora (January 6, 1882 – December 7, 1971) was an American
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
and New York State Supreme Court
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
who became famous in the 1930s as Chief Counsel to the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
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, also known as Lefkosia and LefkoÅŸa, is the capital and largest city of Cyprus. It is the southeasternmost of all EU member states' capital cities. Nicosia has been continuously inhabited for over 5,500 years and has been the capi ...
,
Sicily Sicily (Italian language, Italian and ), officially the Sicilian Region (), is an island in the central Mediterranean Sea, south of the Italian Peninsula in continental Europe and is one of the 20 regions of Italy, regions of Italy. With 4. ...
, the son of Louis Pecora and Rosa Messina, who emigrated to the United States in 1886. He grew up in
Chelsea, Manhattan Chelsea is a neighborhood on the West Side (Manhattan), West Side of the Boroughs of New York City, borough of Manhattan in New York City. The area's boundaries are roughly 14th Street (Manhattan), 14th Street to the south, the Hudson River an ...
. 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 within the Hudson River Historic District ...
) and the
City University of New York The City University of New York (CUNY, pronounced , ) 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 ...
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, American law school in the Tribeca neighborhood in Manhattan, New York City. The third oldest law school in New York City, its history predates its official founding in 1891 by Theodore William Dwight, T ...
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 an American political organization founded in 1786 and incorporated on May 12, 1789, as the Tammany Society. It became the main local ...
in 1916. In 1918, he was appointed as an assistant
district attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
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 to replace Irving Ben Cooper by the outgoing committee chairman, Republican Peter Norbeck. He continued under Democratic chairman Duncan Fletcher, following the 1932 election that swept
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
into the U.S. presidency and gave the Democratic Party control of the Senate. In fact, following a meeting with Senator Fletcher in March 1933, President Roosevelt publicly gave Pecora carte blanche to go wherever his investigations might lead him. The Senate committee hearings that Pecora led probed the causes of the Wall Street crash of 1929 that launched a major reform of the American financial system. Pecora, aided by John T. Flynn, a journalist, and Max Lowenthal, a lawyer, personally undertook many of the interrogations during the hearings, including such
Wall Street Wall Street is a street in the Financial District, Manhattan, Financial District of Lower Manhattan in New York City. It runs eight city blocks between Broadway (Manhattan), Broadway in the west and South Street (Manhattan), South Str ...
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, Manhattan, Financial District of Lower Manhattan in New York City. It is the List of stock exchanges, largest stock excha ...
, George Whitney (a partner in J.P. Morgan & Co.) and
investment bank Investment is traditionally defined as the "commitment of resources into something expected to gain value over time". If an investment involves money, then it can be defined as a "commitment of money to receive more money later". From a broade ...
ers Thomas W. Lamont, Otto H. Kahn, Albert H. Wiggin of Chase National Bank, 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) controversial act ...
of National City Bank (now Citibank). Because of Pecora's work, the hearings soon acquired the popular name the Pecora Commission, and ''
Time Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' 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, serving from 1923 to 1929. A Republican Party (United States), Republican lawyer from Massachusetts, he previously ...
, the former president, and Owen J. Roberts, 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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
) 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, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
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 afte ...
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 ...
. With the United States in the grips of the
Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...
, 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.; 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 (SEC).


New York State Supreme Court

On January 21, 1935, Pecora resigned from the SEC (to be replaced by James Delmage Ross) and became a judge of the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
, a position he held until 1950, when he ran unsuccessfully against Vincent R. Impellitteri 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 during prime (10:30–11:15 p.m.).


National Lawyers Guild

In 1937, Pecora was a founding member of the National Lawyers Guild (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
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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
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. **Paramount Picture ...
'', 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 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'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''. 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 Lawyers from Manhattan Italian emigrants to the United States 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 New York state court judges New York (state) Republicans Franklin D. Roosevelt administration personnel People from Nicosia, Sicily