Although he's revered among investors, Warren Buffett has had his share of controversies over the years. One such controversy for 澳洲幸运5官方开奖结果体彩网:Berkshire Hathaway—and CEO Warren Buffett—was his investment in Goldman Sachs during the 2008 financial crisis—as well his ongoing public supಞport for the much-criticized company and its management.
Here are some other critici🅷sms he has faced during his decades in the public eye.
Key Takeaways
- The SEC investigated Warren Buffett's company Blue Chip Stamps for its role in the acquisition of Wesco Financial Corporation in the 1970s, leading to a payment for damages.
- Buffett prevailed against anti-trust charges related to his 1977 acquisition of the Buffalo Evening News.
- In the 1990s, he became embroiled in a serious move by the U.S. Treasury against the investment banking firm Salomon Brothers.
- His support of investment bank Goldman Sachs during the financial crisis of 2008 led to criticism.
- Buffett has long been criticized for having a board of directors that's seen as too friendly to his interests and not sufficiently independent.
The Early Years
Wesco Financial Corporation
Warren Buffett's first brush with controversy occurred during the acquisition of Wesco Financial Corporation in 1974. In 1972, Buffett and his business partner, 澳洲幸运5官方开奖结果体彩网:Charlie Munger, began acquiring Wesco shares via th🦩eir company Blue Chip Stamps.
As detailed in the 2000 book "Damn Right!: Behind the Scenes with Berkshire Hathaway
Billionaire Charlie Munger" by Janet Lowe, Buffett and Munger worked hard to stop a proposed acquisition of Wesco by another company in 1973. T🦋hen, they spent the next two years acquiring their own majority stake in Wesco.
Ultimately, the 澳洲幸ꦺ运5官方开🌱奖结果体彩网:Securities and Exchange Commission (SEC) investigated this deal (and Buffett's investment practices, in general). It obtained a consent decree from Blue Chip Stamps that extracted a $115,000 payout for Wesco shareholders to compensate them for damౠages caused by the maneuver.
Buffalo Evening News
Buffett found himself the target of antitrust charges when he acquired the Buffalo Evening News for a reported $33 million in 1977, again through Blue Chip Stamps.
Buffett and the Buffalo Evening News prevailed in the legal proceedings. Moreover, the antitrust action seemed to some observers a desperate attempt by the newspaper's rival, Buffalo Courier-Express, to use the courts to take out its competition.
It was a stressful time all around, and Buffett was accused of failing to respect prior gentlemen's agreements. Berkshire Hathaway ultimately sold the Buffalo paper and 30 others it owned to Lee Enterprises in 2020.
The Middle Period
Salomon Brothers
One of the most serious controversies involving Warren Buffett occurred in 1990. In 1987, Berkshire Hathaway had acquired a 12% interest in the inve🍰stment banking firm Salomon Brothers.
In 1990, the news came out that a rogue trader had submitted bids in excess of Treasury rules and CEO John Gutfreund had failed to take disciplinary action. The U.S. government threatened to hold Salomon accountable. Buffett stepped into the breach; he directly intervened with the 澳洲幸运5官方开奖结果体彩网:U.S. Treasury to reverse a ban on Salomon bidding in government bond auctions. (Such a ban would have crippled ▨the investment bank.)
Buffett also stepped in to run Salomon Brothers for a time. Despite a $290 million fine levied on Salomon in 1992, Berkshire Hathaway ultimately saw its stake more than double when Travelers Group bought Salomon in 1997.
Berkshire Hathaway's Charitable Giving
Berkshire Hathaway has experienced controversy due to its former charitable giving practices. Buffett believed that it was inappropriate for a comp🐓any to direct its charitable giving to the pet causes of the board of directors.
Instead, he decided that shareholders of the company could allocate their proportionate share of the company's giving to the charitable organizations that they deemed worthy. Some shareholders elected to contribute to various pro-choice organizations.
This inflamed some conservatives who, in turn, organized negative public relations campaigns and boycotts against certain Berkshire Hathaway businesses. Most notable of these was The Pampered Chef, which relied on a direct sale𒀰s business model.
In response to the controversy, Buffett ended Berkshire Hathaway's shareholder-designated contributions program.
Fast Fact
Buffett expressed one view of controversial behavior in a 1991 congressional hearing concerning the troubled investment banking firm Solomon Brothers, in which Berkshire Hathaway was invested. Buffett said “Lose money for the firm, and I will be understanding. Lose a shred of reputation for the firm, and I will be ruthless.”
More Recent Controversies
General Reinsurance Corporation
The charges in 2006 against Berkshire Hathaway subsidiary General Reinsurance Corporation were serious. It was claimed that General Reinsurance Corporation cooperated with insurance giant AIG to engage in 澳洲幸运5官方开奖结果体彩网:finite reinsurance.
Finite reinsurance was not insurance, entailing a corresponding transfer of risk. It was aඣn accounting gimmick that allowed AIG to buff the appearance of its financial reports for a period of time.
The government aggressively pursued AIG and its then-chair, Hank Greenberg. Berkshire Hathaway did not escape unscathed. General Reinsurance agreed to pay $60.5 million through a civil class action settlement to AIG shareholders, $19.5 million to the U.S. Postal Inspection Service Consumer Fraud Fund, and another $12.2 million to settle the SEC charges.
Goldman Sachs
Berkshire Hathaway invested $5 billion in Goldman Sachs preferred stock during the 2008 financial crisis. Buffett believed that the stock purchase not only signaled confidence in the country's financial institutions but also demonstrated that the U.S. business community would take crucial action when the U.S. government wouldn't.
When the investment bank redeemed those shares in 2011, Berkshire made $3.7 billion. Buffett's association with Goldman Sachs—a company famously described by the writer Matt Taibbi as "a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money"—did his reputation no favors.
Wells Fargo
This episode is more of a cautionary tale than a threatening controversy because it occured while Berkshire Ha♌thaway held a major portion of Wells Fargo shares.
In 1989, Berkshire Hathaway began investing in Wells Fargo, spending $12.7 billion and capturing a 10% stake. Buffett considered the bank one of his favorite holdings. However, in 2016, Wells Fargo was fined $185 million for illegal business practices. These centered on the bank's intense drive to cross-sell products and services to customers.
In fact, bank employees had opened millions of accounts fraudulently, charged customers for products and services they never requested, charged other inappropriate fees, and more. At first Wells Fargo ignored the unsavory revelations (a move that Buffett condemned). The bank paid $3 billion in 2020 to settle various civil and criminal investigatiꦐons.
As a result of Wells Fargo's unethical behavior, Berkshire Hathaway sold almost all of its shares by 2021—and sold the rest in 2022.
A Too-Cozy Board
One ongoing controversy involves corporate governance and the independence of the 澳洲幸运5官方开奖结果体彩网:board of directors of Berkshire Hathaway. It's difficult to call it an independent board because many o❀f its members are long-standing frien🤪ds of Warren Buffett or Charlie Munger—or both men.
Buffett is the 澳洲幸运5官方开奖结果体彩网:majority owner of the company. He wants directors with whom he is comfortable and who have the patienꦡt investment outlook that has served him so well for decades. Nevertheless, it does not change the fact that as a public company, Berkshire Hathaway is obligated to shareholders to have a strong, independent board of directors.
Who Is Charlie Munger?
Charlie Munger is the vice chair of Berkshire Hathaway and long-time friend and business partner of Warren Buffett. Munger and Buffett ha🐈ve run Berkshire Hathaway together since 1978.
Is Berkshire Hathaway's Board Considered Independent?
According to 澳洲幸运5官方开奖结果体彩网:New York Stock Exchange (NYSE) rules, Berkshire Hathaway's board is independent. The NYSE requires that a majority of directors on the boards of listed companies be independent. To be independent, a director must not have a material relationship (e.g., be an employee, be a family member of the owner, etc.) with the listed company or be part of an organization affiliated with the company.
Has Warren Buffett Set a Date to Retire?
No, Warren Buffett has not set a date to retire. However, in 2021, it was announced that Berkshire Hathaway's Greg Abel would succeed him as CEO when he does step down.
The Bottom Line
Given the scope of Buffett's business dealings—plus the long period of time that he's been active as an investor and businessman—he's fared quite well, as far as controversy goes. And while controversies have occasionally touched his companies, they have rarely left a lasting mark on his reputation.