This chapter details the 1963 crisis involving the brokerage firm Ira Haupt & Company, its disastrous connection to Allied Crude Vegetable Oil Refining Corporation, and the New York Stock Exchange's (NYSE) unprecedented decision to reimburse Haupt's customers.
The crisis began when Morton Kamerman, managing partner of Ira Haupt, alerted the NYSE that his firm's capital reserves fell below required levels due to losses incurred by Allied's massive speculation in vegetable oil futures. Allied, led by Anthony DeAngelis, had amassed vast cottonseed and soybean oil contracts on credit from Haupt and Williston and Bean, another brokerage firm. A drop in oil prices forced Haupt to demand additional cash from Allied, which the company couldn't provide.
Haupt, in a dangerously precarious situation, had borrowed heavily to finance Allied's speculations, accepting warehouse receipts for oil stored in Allied's Bayonne tanks as collateral. The extent of the risk was staggering, with Haupt extending $37 million to Allied while the firm's capital only amounted to $8 million.
The situation worsened rapidly when Allied filed for bankruptcy, and the New York Produce Exchange suspended trading in cottonseed oil futures. The warehouse receipts, it turned out, were largely forged, and the oil they represented didn't exist. This revelation plunged Haupt, with its 20,000 customers, into a full-blown crisis, jeopardizing the savings of innocent investors.
Initially, NYSE officials viewed Haupt's situation as manageable. But as the scale of the fraud became apparent, the exchange realized the dire implications for Haupt's customers. Simultaneously, news of President Kennedy's assassination sent the stock market into a tailspin, further endangering investors.
NYSE President G. Keith Funston, recognizing the potential for catastrophic damage to investor confidence, proposed an extraordinary solution: the exchange and its member firms would reimburse Haupt's customers. Funston convinced leading brokers that the public welfare and the stability of the stock market hinged on this action.
The NYSE faced the challenge of securing agreement from Haupt's creditor banks, who were owed $36 million. After tense negotiations over the weekend, the banks, including Chase Manhattan and Morgan Guarantee Trust, agreed to defer collection efforts, allowing the exchange to prioritize reimbursing the customers. The Continental Illinois Bank of Chicago initially hesitated, but ultimately joined the agreement, and the liquidator was assigned, which was James P. Mahoney of the NY stock exchange.
A significant hurdle arose with the four British banks that had lent $5.5 million to Haupt. Gustav Allevi, an NYSE governor, traveled to London to persuade them to participate. These loans were unsecured and their potential recovery slim. Allevi successfully convinced the British banks that cooperation was in their best interest.
Meanwhile, the Haupt partners, facing personal liability, signed over control of their firm's assets to a liquidator. The agreement prescribed that they were to execute powers of attorney, giving a liquidator full control over Haupt's affairs. A Wall Street Journal reporter, Russell Watson, stumbled into the meeting and was quickly escorted out.
Finally, after a grueling negotiation process, the parties signed the agreement. The NYSE deposited $7.5 million into an account for the liquidator, and within months, nearly all of Haupt's customers were made whole, with the NYSE ultimately disbursing $9.5 million.
The NYSE's actions were widely praised. The media and President Johnson applauded the exchange for its commitment to investor protection. The rescued customers were grateful, and the agreement was seen as a positive step towards inspiring investor confidence and avoiding potential market panic. While some member firms grumbled about covering the losses of another firm, they largely accepted the assessment.
Despite the praise, the NYSE stressed that this action wasn't a precedent. Officials acknowledged that changing attitudes towards public responsibility had influenced the decision. The Ira Haupt case marked a turning point for the NYSE, demonstrating a greater sense of accountability to the investing public.