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    UPDATE: Berkshire Finds David Sokol’s Conduct Violated Company Policies

    UPDATE: Berkshire Hathaway finds former executive David Sokol violated company policies in purchasing shares of Lubrizol. The full report can be found on Berkshire's website.

    Here's the highlight:

    "His purchases of Lubrizol shares while serving as a representative of Berkshire Hathaway in connection with a possible business combination with Lubrizol violated company policies, including Berkshire Hathaway's Code of Business Conduct and Ethics and its Insider Trading Policies and Procedures.

    His misleadingly incomplete disclosures to Berkshire Hathaway senior management concerning those purchases violated the duty of candor he owed the Company."

    It's that time of year again--time for the "Woodstock of Capitalism," the annual Berkshire Hathaway shareholder meeting in which tens of thousands of Warren Buffett fans descend on Omaha to see the Oracle in person.

    This year, there will be an elephant in the room: The recent resignation of Buffett's heir apparent, David Sokol, after what struck many observers as unethical trading in the stock of a company called Lubrizol that Berkshire subsequently bought.

    The trading by Sokol was clearly unethical, says investment manager Jeff Matthews, the author of "Secrets in Plain Sight: Business and Investing Secrets of Warren Buffett," and the writer of the blog Jeff Matthews Is Not Making This Up.

    And the problem for Buffett, Matthews says, is the bizarre way Buffett explained away the issue in a press release announcing Sokol's departure. In this release, Buffett said that Sokol's buying a huge stake in Lubrizol before he recommended that Buffett buy it was not "unlawful."

    As Matthews observes, Buffett's standard for business ethics, for which he is revered, doesn't mean "not doing things that are illegal." It means doing the right thing--in all circumstances. So for Buffett to give Sokol a pass by saying the trade wasn't illegal was startling and disappointing.

    Matthews thinks Buffett needs to address this issue in detail at the shareholder meeting this weekend. He also thinks Buffett should be very straight about it: Explain how it happened and how he learned about it, admit that it was unethical, and explain how Berkshire has now changed its policies so something like that will never happen again.

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    17 comments

    • Robert  •  1 year 1 month ago
      I agree with this position. It was certainly unethical, as to it being illegal, that remains to seen. I was disappoited by the statement that the resignation had nothing to do with the trading. I can't believe that Buffett expects us to believe that.
    • Anonymous  •  1 year 1 month ago
      Basically called front running when you trade your own account ahead of the companies? I'm sure that was the real reason he left suddenly?
      • Anonymous 1 year 1 month ago
        Didn't a guy named "Tokyo Joe" do something like front running during the internet bubble? He had a paid service of followers and took positions ahead of time and then told them to buy?
    • Bowman  •  1 year 1 month ago
      Did he really become the richest man in the world by being a straight arrow?

      I wonder if this is similar to the Tiger Woods saga where the public perception is way different than reality.
    • IBT  •  1 year 1 month ago
      Admit it? And then be sued by every stockholder of Berkshire, Lubrizol, all the mutual funds that owned these stocks? Is the author naive or just stupid?
      • Pat Walsh 1 year 1 month ago
        the author ia an @#$%
    • tuesday  •  1 year 1 month ago
      I don't buy Buffet's cute fuzzy image any longer. I feel as a share holder of his stock that I have been screwed. I think this has not been the first time Buffet and his buddies have been involved in insider trading. Sorry about that, it wasn't insider trading, that would be illegal. Let's call it "front running", that sounds so much better.
    • Wilbur  •  1 year 1 month ago
      These news people make a living by making mountains out of molehills. Buffet had no idea Sokol was engaged in practices that were unethical. As soon as he found out, Sokol was out the door. To me, this indicates that Berkshire Hathaway is on-the-ball. The guy who is "demanding an apology" has written a book about Buffet and is trying to promote his book by stirring up controversy. This is similar to Donald Trump becoming a birther. Some people will doing anything to get a little attention.
      • DXD 1 year 1 month ago
        Your statement would hold water had Buffet not come out publicly and pronounced Sokol innocent of everything he had done in this case. Do not kill the messanger.
      • Pat Walsh 1 year 1 month ago
        OK beat the beans ouy of the messenger
    • igiveup  •  1 year 1 month ago
      Buffet simply let his guard down and his real colors showed through with both Goldman and Sokol. Hopefully Michael Milliken's old digs are still available for Sokol to occupy.
      • Craig 1 year 1 month ago
        What are you talking about? Just because people put someone on a pedastal(Tiger Woods comes to mind) doesnt mean they ever really deserved to be up there.
      • Pat Walsh 1 year 1 month ago
        here we go again with GS.get a life
    • koot1929  •  1 year 1 month ago
      The SEC couldn't find it's @#$% with both hands
    • tommy  •  1 year 1 month ago
      i wish buffet would have sad this was wrong, he realy is a standard we all looked up to, its the only black mark on warren, to bad, he should come out against this so his legacy can remain untarnished and we can all remember him for being the gold standard, also sokal should be charged for insider trading, even if it might not stick, charge him, teach him a lesson.
    • TheShadow  •  1 year 1 month ago
      I've had healthy respect for Warren Buffett ever since reading Roger Lowenstein's biography, "The Making of an American Capitalist". I also like the fact that he seems to tell it like it is with things like taxation, revenue, and the loss of the middle-class. That said, there have been times when I felt that he engaged in a bit of the old pump and dump on stocks, etc.
      If Warren Buffett doesn't come out and issue a big mea-culpa on how badly he handled the Sokol situation, Lowenstein might end up digging a little deeper and rewriting the biography with a new title. "The Faking of an American Capitalist." My feeling is that Buffett will issue a more convincing apology about the issue and how he handled it. He really has to.
    • TBD  •  1 year 1 month ago
      Great. What's Buffett going to do ? Fire him again ??

      Buffett's going the way of E.F. Hudson. People used to listen to THOSE guys, too....
    • m  •  1 year 1 month ago
      Lots of irregularities here. Although Buffett has typically bought entire companies--often for cash--Sokol reportedly maintains a few percent of MidAmerican Energy. In other words, Buffett is now working for Sokol.
    • Adam Smith, Jr.  •  1 year 1 month ago
      Really? Insider trading and conflicts of interest are actually violations of corporate policies? Who knew.
    • Richard  •  1 year 1 month ago
      I don't feel like he's handling this situation properly but he's in the business of making money......how often do ethics and making money collide.
    • Anonymous  •  1 year 1 month ago
      cool
    • frankmargel.com  •  1 year 1 month ago
      What good is a policy if everyone embaces it? Warren Buffet and his fly boys endorse Obama. Policy, policy, and crap! ...smiles...! NEXT!
    • Dan  •  1 year 1 month ago
      Within a day of finding out the truth, Buffet had Sokol's resignation. He had a written policy in-place ,and it was violated. When the Full truth was known, the employee was gone. Yes Buffet said something stupid when he was still getting the full picture clear. So what? Within hours of saying something stupid (after all this was his TOP guy) he understood the full picture and dealt with it. I wish all companies where as ethical and open about these types of problems. Warren should be praised, not condemned. And Warren's tough policy about this type of activity. should be LAW to all public/private companies. Then instead of just being fired, the violator would be in jail.

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