U.S. Trust Co. was founded in 1853, which made it the country’s oldest trust company in July 1979, when it oversaw the holdings of New York City’s pension funds.
The bank realized that 41 bond certificates totaling $397 million that belonged to the pension fund were missing from the drawers in which they were stored in the underground vault. The Municipal Assistance Corp. bonds would be worth $1.8 billion today and included two bonds worth $15,000 and two worth $100 million.
At the time of the theft, officials interviewed said that their denominations made them unlikely to be used as collateral for a loan without someone verifying them. And as an author aside, when you have a whodunnit that pits a storied Brahman-esque banker against New York City officials, you are going to get some colorful quips. I’ve included a selection in this retelling.
“There's no way you could turn them into cash,” said the city’s third deputy city comptroller at the time. “You could show the paper to your grandchildren.”
The city paid U.S. Trust $130,000 a year — more than $580,000 today — to act as financial custodian of its $8.5 billion — about $38 billion today — city certificates. “The service isn't as good as we get from the school custodians,” said Mayor Ed Koch.
The Times reported that some employees may have known about the disappearance for up to eight months, pushing the event back in fall 1978. The paper reported this, frankly insane, fact: U.S. Trust President Daniel Davison had told city officials there were employees who had known the bonds were missing, but that none were bank officers. “I do not consider that a satisfactory explanation,” snapped the New York Comptroller at the time, according to the paper.
A bank spokesman told the paper that the bank was searching the nearly 10,000 files in the vault to make sure the bonds weren’t improperly filed — that they were in the vault but not where they were supposed to be. They were also not negotiable; when a search did not turn them up, duplicates were reissued to the pension funds.
It’s not clear what really happened to them or when they went missing. The bank was also investigating “less plausible” avenues, including that it had been “cremated” with wastepaper or had been stolen. The city dismissed U.S. Trust as the custodian of the pension fund holdings.
Then, in January 1980, $2 million in “blank, unauthenticated” MAC bearer bonds were stolen from the same vault; that amount would be $7.9 million in 2025 dollars, according to The New York Times. The bank used these blank bearer bonds to facilitate sales and transfers of registered MAC bonds from the original bondholder to someone else. “In such cases, the original certificate is replaced with the bearer bond, which is signed by an M.A.C. trustee and registered as a valid certificate. The missing certificates lacked a trustee's signature, though one could have been forged.”
The theft was discovered after a Los Angeles bond dealer came into possession of eight $100,000 bonds and called the bank to validate them. According to the article, the LA dealer had received the bonds from a Beverly Hills man who hoped to sell them. The dealer called U.S. Trust “in a routine check to validate the bond certificates,” which is when “the bank learned for the first time that 20 of the certificates, with a total value of $2 million, were missing.” The dealer likely did not know the bonds were stolen when making the call; at the time, reputable dealers and banks would conduct these checks if they were offered bonds to sell.
The July theft the year before led the bank to promise to conduct a complete inventory and put in place new internal controls. An official with MAC said at the time that a September 1979 inventory report indicated that the 20 stolen certificates were in the vault at the time of the report.
“So it comes as a surprise to us that they now aren't,” the official said, according to the paper, “and we wonder what happened with the new internal controls.”
MAC demanded that the bank voluntarily resign as the trustee; it couldn’t fire U.S. Trust because the bank was working on behalf of the bondholders. The bank refused until the criminal investigation into the theft was completed by police. Shortly after news of the theft came out, the paper ran a profile about the bank and the changes it was undergoing. It said that President Daniel Davison considered these thefts to be “basically superficial.”
“The Trust Company, he continued, has paid a stiff price in bad publicity, lost top-management time, and legal and accounting fees,” the article read. “But after thousands of hours of audits of every account by the bank and the accounting firm of Coopers and Lybrand, Mr. Davison is confident that the loss of the securities was a fluke. He is far more concerned about profits… .”
In March 1980, federal authorities had arrested two suspects in New Jersey, according to the paper. One suspect reportedly had $2.26 million in stock and bond certificates that had been reported stolen from a different Wall Street firm. The other suspect came under suspicion after an aborted sale of the blank bearer MAC bonds in December 1979. At the time of their arrest, 10 bonds were still missing.
I wasn’t able to find more articles about the missing bonds in the Times. I don’t know what happened to the two suspects that were arrested, I don’t know if those missing bonds were ever discovered — I don’t even know how those bonds left the bank’s vault.
But perhaps it was this incident that led the deputy executive director of MAC to praise the registered bond system in 1983, on the eve of the outlawing of bearer bond issuance. He said at the time: “The registered bond system is far simpler and precludes a host of problems. In the case of coupon bonds that are lost, stolen, or that have slipped the memory of the holder, there is no simple solution. In the case of bond calls, the only way we can notify holders is through purchases of newspaper advertisements listing the bonds that have been called.”