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8/3/2019 Hellhound of Wall Street - Prologue Fall 2011
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AUTHORS ON THE RECORD
Athugh he was respsbe r sweepg rerm the Uted
States bakg system, the ame Ferdad Pecra s ukw t
mst Amercas. What made yu decde t te hs stry?
I actually set out to write an entirely dierent book. Te subject
is unimportant, but it tangentially involved the Pecora hearings. I
knew that Pecora had given his oral history in the early 1960s as
part o the Columbia University oral history project, and although I
didn’t think it was going to be terribly relevant to my book, I decided
I should read it. By page 10, I was completely hooked. Pecora had
such an incredible lie story—he immigrated to the United States
rom Sicily in the late 1800s when he was ve years old. He grew
up in a basement tenement on the west side o Manhattan and
quit school when he was just 15 when his ather was injured in an
industrial accident. Over the next our decades, Pecora supported
his amily, went to night law school, became a prominent New York
prosecutor, and eventually took on Wall Street in one o the most
successul congressional investigations ever conducted. It really is a
classic American success story. I elt compelled to tell the world about
this unsung legal hero.
i yur ackwedgemets, yu thak Rchard McCuey ad
Wam H. Davs, nata Archves sta wh heped yu wth
yur requests r recrds rm the Seate Bakg ad Currecy
Cmmttee heargs. Were yu amar wth these recrds
bere yu started research r ths bk? or was ths yur frst
experece at the nata Archves?
Tis was my rst experience at the Archives, and Richard and Bill
were enormously helpul. Although I spent many days there, I still
eel that I only scratched the surace o what is available in these
records. Tere are, I believe, over 170 boxes o documents at the
National Archives rom the investigation. It is a treasure trove or
anyone interested in the inner workings o the nancial industry
during the 1920s and 1930s.
Ferdad Pecra was a exceet awyer, but t a Wa Street
expert. Yu are a pressr aw at St. Jh’s Uversty whse
area expertse s securtes reguat ad securtes raud.
Hw d yu thk Pecra ared terms uderstadg the
cmpcated ssues securtes?
Pecora didn’t know much about Wall Street, which made his
perormance in the hearings all the more remarkable. He was a quick
study, with a phenomenal memory. One o his aides said that the sta
“looked with astonishment at this man who, through the intricate
mazes o banking syndicates, market deals, chicanery o all sorts, in a
eld new to him, never orgot a name, never made an error in a gure,
and never lost his temper.”O course, Pecora was ar rom inallible. His ignorance about the
ner details o Wall Street practice occasionally led him astray. A ew
times, he was fat-out wrong.
But given the quick pace o the investigation, it’s actually
surprising how accurate he was. In the end, I don’t think his ew
missteps mattered very much. Pecora tried not to get lost in the
arcane details. He had spent a dozen years as a prosecutor in New
York, and he knew that the way to win over a jury was not to dwell
the hellhound of
wall streetby hilary parkinson
M i c h a e l P e r i n o
In 1933, the United States was gripped by the Great Depression. Te country’s nancial system teetered
on the verge o collapse. Tirty-eight states had closed their banks, and one in our amilies had lost their
lie savings.
Reorm was needed, and it would begin with Ferdinand Pecora, who investigated the causes o the 1929
crash in his role as chie counsel or the Senate Committee on Banking and Currency.
For 10 days, the ocers o National City Bank were grilled by Pecora. And 10 days later, Charles E.
Mitchell—chairman o that bank and ormer adviser to three Presidents—resigned in disgrace. Ultimately,
the results o the investigation would lead to stronger ederal oversight on the activities o banks and the
stock market.
Michael Perino is the Dean George W. Matheson Proessor o Law at St. John’s University School o
Law in New York. He is also a ormer Wall Street litigator. He has testied in both the United States Senate
and the House o Representatives and has written extensively on regulation, securities raud, and class
action litigation. His website is www.michaelperino.com.
62 Prologue Fall 2011
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Authors on the Record
on the minutiae. His jury was the American public, and I think he
knew that presenting endless testimony about the ins and outs o
Wall Street would be counter-productive. I he really wanted public
support or reorm, he had to tell them a story that was easy to
understand. Pecora was the master o the telling anecdote—he was
able to spin compelling narratives out o the most conusing welter
o complex details. Tat was how he created the clamor or reorm.
His genius was his ability to convert complex economic problemsinto simple morality plays.
Te heargs take pace at the very ed the Hver admstrat,
days bere the augurat
Rsevet. Te utgg ad cmg
Presdets were ctact wth each
ther. Were yu abe t expre the
archves at bth Presdeta brares?
I spent a good deal o time at the
Roosevelt Library in Hyde Park, and I
did research in a number o other archival
collections as well. I did not make it outto the Hoover Library, but ortunately I
was able to rely on previously compiled
primary documents rom the Hoover
administration and the rich body o
secondary material that has been written
about the interregnum.
Athugh the baks were ther death
thres durg the 10 days heargs,
Rsevet remas a backgrud fgure
ut hs augurat. Hs cus
seems t be creatg a auguraspeech that w mtvate ad cmrt
Amercas whe addressg the
faca dsaster. Dd yur tme at the
Rsevet lbrary shed ay ew ght
Rsevet’s mtvats?
When President Obama took oice in the wake o the 2008
inancial crisis, his then chie o sta, Rahm Emanuel, said that
politicians should never let a good crisis go to waste. Roosevelt
understood that maxim perhaps better than anyone else. When
Roosevelt took oice in March 1933, there was not a single
ederal law that regulated how Wall Street operated. he
wrongdoing Pecora uncovered and the desperate condition o the
country gave Roosevelt the political climate he needed to change
that. he irst ederal securities laws, ederal deposit insurance
(a reorm Roosevelt initially opposed), and the creation o the
Securities and Exchange Commission all low rom the abuses
Pecora uncovered.
Roosevelt’s motivation to capitalize on the crisis is well known.
What surprised me was Roosevelt’s close personal connection
to the scandal. My book ocuses on the ew weeks ater Pecora’s
appointment as committee counsel in the winter o 1933. Te
investigation had started the previous March and had largely been
ineective. But Pecora turned it all around when he subpoenaed one
o the leading bankers o the day, Charles E. Mitchell, the chairman
o the National City Bank o New York (today’s Citigroup). Over
the course o just 10 days, Pecora showed that the bank and its
securities trading arm had engaged in all sorts o unsavory behavior.It sold worthless bonds to investors without ully disclosing the risks,
manipulated its stock price and the stock prices o other companies,
and lavishly compensated its executives as the country plunged into
depression.
It all hit close to home or Roosevelt
because he had a long personal banking
relationship with City Bank. Tere was
one Roosevelt quote that really stood
out or me. Shortly ater he took oce,
Roosevelt told a visitor rom another Wall
Street rm: “My gosh, I eel Charlie took
my money.”
Aye readg ths bk ca’t hep
but wder why hstry seems t be
repeatg tse recety whe t cmes
t baks ad vestmet frms. Ater
researchg ad wrtg ths bk, d
yu thk the Seate w be kg r
ather Hehud?
I think there have already been some
attempts to recreate the success o the
Pecora hearings. Senator Carl Levin
held hearings in the spring o 2010 onGoldman Sachs and released a scathing
report on the investigation earlier this
year. Congress created the Financial Crisis
Inquiry Commission to investigate the
causes o the nancial crisis, although that independent commission
was more closely modeled on the 9/11 Commission than the Pecora
investigation.
he more relevant question, I think, is why these eorts did
not have the same success. Pecora was a gited courtroom lawyer,
and he certainly deserves the lion’s share o the credit. But he
was also the beneiciary o impeccable timing. He decided to
put the leader o the largest bank in the country on the stand
in Washington at the peak o the banking crisis o 1933. It was
the Washington equivalent o the perect storm—the precise
combination o crisis and scandal necessary to pass major reorm
legislation. hose political moments, however, are ephemeral. As
the 2008 inancial crisis slips arther and arther into the past, it
looks increasingly likely that we have missed our opportunity or
meaningul reorm.
Prologue 6