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Sunday, November 8, 
2:41 am

Why Congress may not want a new Ferdinand Pecora

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Attorney Ferdinand Pecora on the cover of Time magazine during the Great DepressionIn Tuesday's New York Times, the estimable Ron Chernow lobbies for Congress to find a new Ferdinand Pecora to investigate "the origins of the current crisis." In truth, Chernow, like Pecora in the '30s, appears less interested in that large and complicated subject and more in dragging Wall Street to the bar and tossing a midget in its lap. There is no doubt that the cigar-chomping Pecora did reveal a number of seamy practices on Wall Street, but what Pecora did not do (despite an illustration for Chernow's piece that effectively deifies him) was reveal the deeper origins of the crisis, meaning the Great Depression. The crisis then was a lot bigger than the fact that a ponderous, puffed-up J.P. Morgan Jr. wasn't his father, or that some overpaid bankers like Albert Wiggins and Charles Mitchell were hypocrites and cheats. Pecora did some good in an era in which Wall Street practices were profoundly opaque. But, like our own latter-day Pecora, Eliot Spitzer, he ran roughshod over basic fairness and any truth that didn't fit into his own worldview.

We're used to that now. It was more exciting back then.

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So why hasn't Congress unleashed another Pecora? Maybe the Democrats will (Spitzer seems to be applying), though there are reasons to be skeptical. Because of the New Deal reforms (for which Pecora, to be fair, gets some credit), the activities of finance, while infinitely more complex, are also more visible than in the '30s. Books by the dozen are being cranked out, and every week now it seems someone tries out a section, like Joe Nocera's solid "Risk Management" article in Sunday's New York Times Magazine. We know roughly what happened; and more seaminess of the Madoffian school will undoubtedly emerge, particularly the kind of crass venality that enlivens a congressional hearing.

But there are several problems for folks in Congress before they recruit a Pecora clone. First, the government today is much larger and more ubiquitous than in the '30s. Any investigation of Wall Street is by definition an investigation of Washington. Does Congress or the White House (old and new) really want to revisit Fannie Mae and Freddie Mac? Who were the Wall Street mavens talking to while they were seeking to loosen leverage? Two, finance has been effectively democratized. Wall Street is not just about fat cats hoarding cash -- the image from the '30 amazingly persists -- it's about a system reaching from Broad and Wall into every suburb in America. It was easy to keep the mass of Americans out of the Pecora hearings. It won't be so easy this time, not that someone leaking ambition won't try.

Was there criminality? Undoubtedly. And sleaze. And hypocrisy. And scandal. But the larger problems were systemic, and that's grindingly dull to a population already gorged on wrongdoing and accustomed to many of the grandstanding tactics Pecora pioneered. By seeking a new Pecora, Chernow seems to be saying that we need bread and circuses to satiate a "public aching for retribution." Maybe that's always the case in our benighted democracy. But don't be confused: A new Pecora, like the old, may give us plump targets for our wrath, but won't bring us any closer to enlightenment. - Robert Teitelman

See Chernow's column from The New York Times

Robert Teitelman is the editor in chief of The Deal.





Comments

From: Jeff Jorgenson,

What a load of drivel! You should know better.

http://money.cnn.com/2009/01/05/news/newsmakers/parloff_payback.fortune/index.htm


From: Roger Moore,

People should be aware that the country is getting ready for a "FDR moment," and the new for a new Pecora Commission is painfully obvious to all who could see, as Paul Volcker commented on Charlie Rose some months back, to paraphrase, "the country has too many financial engineers and not enough civil engineers.
Take a look at this video to see where we have to go:
http://www.youtube.com/watch?v=XAnLeB2jf1o


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