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The Senate Tries Again with the Pecora Commission 111
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would become seduced by the ideas of strong, central government, or worse, monarchy Hamilton thought that the financial aristocracy was disengaged from power enough to understand its social responsibility not to abuse the ultimate power given to it in the name of the republic Kennedy, as SEC chairman, would certainly not be disengaged from power Originally, his appointment was thought of as a joke, but the poacher-turned-gamekeeper proved those fears unwarranted as he presided over the introduction of the most sweeping securities regulation in America s history Kennedy got his job even though he was a financial operator himself He had participated in the Libby-Owens Ford stock pool, creating an artificially low supply of the stock to goose the price The pool, which made Kennedy a very rich man, was like so many others investigated by Ferdinand Pecora, who would later report to Kennedy at the SEC Amid all the scrutiny from the Judiciary and Senate Banking Committees, Kennedy had performed something of a Talleyrand, the French diplomat who changed sides five times during the French Revolution, only to come out with a more elite perch each time Kennedy was never called in front of either committee, even though he was an incredibly well-known speculator He was certainly behind many market schemes both long and short, but his business activities of the 1930s are almost impossible to construct
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Accounts of the Libby Owens Ford pool s actions [and Joseph Kennedy s participation in them] survive largely because they had been scrutinized and recorded as part of the Senate Banking and Currency Committee s investigations into stock exchange practices at the time
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112 DON T BLAME THE SHORTS
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Whatever his other contemporaneous securities interests and trading practices may have been, having escaped public notice at the time, they remain obscure Almost no mention survives of letters among Joe Kennedy s papers beyond a few passing references to the committee s chief counsel, Ferdinand Pecora25
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After Kennedy took office, he explained that the new rules were simple and honest Only those who see things crookedly will find them harsh 26 But Kennedy s tenure as chairman was over by the time a recession hit hard again in late 1937, undermining the New Deal s prospects at success and reigniting public discontent As another wave of panic hit in 1937, the public clamored for another round of trials, another wave of investigations, more justice, and, perhaps, more names The Whitney scandal played no small part in creating this public appetite, as did FDR s political rhetoric Roosevelt labeled bankers, speculators, and short sellers economic royalists, a loaded term that harkened back to populist critiques of moneyed trusts, or, even further back, to a form of unforgivable anti-Revolutionary sentiment In June of 1938, FDR convened a joint executive-congressional Temporary National Economic Committee (TNEC) to decide the best course of action
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The public was in an angry mood Many people had decided the bankers were responsible for their losses, and the conviction that thousands of innocent investors had been mulcted by self-serving financiers was strengthened still further by various congressional hearings, which almost daily disclosed new evidence of financial negligence, irresponsibility, and favoritism 27
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The Senate Tries Again with the Pecora Commission 113
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The TNEC broke the scale for government investigations, making quick history of the already elaborate Pecora Commission Upon the TNEC s closing in 1941, the committee had spent over $1 million, hired a 182-person staff of experts, explored 95 different industries, heard 552 witnesses, left 37 volumes of printed testimony, and produced 43 documentary monographs28 The debate largely circled around the new economic doctrines of a British economist named John Maynard Keynes, who saw compensatory deficit spending as the way out of the economic mess In his 1936 treatise The General Theory of Employment, Interest, and Money, Keynes argued that borrowing money for government spending (while leading to a deficit) could prime the pump for economic recovery In other words, a little government spending on credit could trigger much larger private spending and bring the federal government out of the red To orthodox economists, the suggestion trading government deficits for economic recovery seemed outrageous29 For the New Dealer, the natural solution was another round of antitrust regulation to break up the alleged monopolies But despite the widespread antitrust sentiment, war industrialization during 1941 made antitrust efforts seem divisive and an impediment to economic recovery As prolific as the TNEC was, the country s mobilization for war overshadowed the entire debate The economy seemed to be improving, and the vigorously defended policy positions of economic wonks and senior statesmen were quickly forgotten A 1941 Time article eulogized that, with all the ammunition the committee had stored up, a terrific broadside might have been expected Instead, the committee rolled a rusty BB gun into place [and] pinged at the nation s economic problems 30
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