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Buffett owns nearly 40 percent of Berkshire Hathaway, a holding company that owns substantial portions of numerous different businesses, most significantly the property casualty insurance business.

The sage investor was described to be "under a cloud" recently because of investigations by state and federal prosecutors into questionable accounting transactions that occurred four years ago between American International Group and Berkshire Hathaway's subsidiary General Reinsurance Corp.

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Buffett himself is not at the center of the probe. At the shareholder meeting, he expressed optimism about the prospects for both companies, and noted the cleansing effects that such a probe can have on an organization's bookkeeping practices. "The publicity and the penalties will change behavior in a dramatic way ... Sunshine can be a great disinfectant," he quipped, according to a recent Wall Street Journal article.

Buffett was under a "cloud" once before -- in the late 1990s, when Wall Street pundits raised questions about his credibility as an investor (as well as that of other value investors). That was an era when high-tech stocks were trading at nosebleed levels, and annual returns in excess of 200 percent were not uncommon, even among "diversified" mutual funds. Buffett's stubborn adherence to sound value principles seemed stodgy and outmoded at the time. Of course, that cloud dissipated with the popping of the tech bubble, and since then Buffett's reputation has been restored to hero status by the grateful throngs of Berkshire shareholders.

*****

An update: FPA vs. SEC
A previous column of mine underscored the importance of knowing the difference between brokers and investment advisers. Both offer fee-based investment accounts, but brokers and advisers are regulated differently and are held to different standards.

A couple days after that column appeared, the Financial Planning Association filed a lawsuit against the Securities and Exchange Commission, calling for a review of the SEC's Broker-Dealer Rule.

"The SEC erred in adopting a defective rule," FPA president James Barnash said at a press conference. "We believe that redress in a court of law remains the best course of action in preserving a consumer protection law -- the Advisers Act -- one that is increasingly starting to look like Swiss cheese."

The FPA says that the rule as it stands harms investors. "Financial planners, investment advisers and consumers share a common concern -- that the rule creates a double standard for the delivery of financial advice to the American public," said Barnash.

Several organizations join the FPA in opposing the SEC's recent ruling, including the AARP, American Institute of Certified Public Accountants, Consumer Federation of America, Financial Services Institute, Fund Democracy, Investment Counsel Association of America, the National Association of Personal Financial Advisors, North American Securities Administrators Association, T.D. Waterhouse Securities and T. Rowe Price.

Those who support the SEC's ruling overwhelmingly represent the brokerage industry -- surprise! They include American Express, Merrill Lynch, Morgan Stanley, Smith Barney, Wachovia Securities, the NASD, Northwestern Mutual and the Securities Industry Association.

Longtime financial journalist Barbara Mlotek Whelehan earned a certificate of specialization in financial planning.

*****

If you have a comment or suggestion, write to Boomer Bucks. If you have a particular financial problem that you would like addressed, please send your queries to Dr. Don, Tax Talk, the Real Estate Adviser or the Debt Adviser.

 

 
 
-- Updated: May 31, 2005
     

 

 
 

 

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