To: c.horn who wrote (6868 ) 2/23/2000 10:00:00 AM From: Sir Auric Goldfinger Respond to of 10354
"The SEC rejected rejected three Berkshire Hathaway requests to keep certain portfolio names confidential, forcing the firm to disclose recent activities. Berkshire Moves May Be Posted More Often Following SEC Ruling What is Warren Buffett up to? It is a question that investors, looking for clues to copy the activity of the celebrated investor, have been asking for at least a couple of decades. But until now, they have had to wait a year after the fact to find out exactly what Mr. Buffett's Berkshire Hathaway Inc. is buying and selling. Now, that may be changing. The Securities and Exchange Commission has turned down three Berkshire requests for permission to keep certain Berkshire portfolio moves confidential, a ruling that has forced Berkshire to publicly disclose recent investment moves well in advance of the company's wishes. Berkshire has long made use of a little-known SEC regulation that allows institutional holders to keep their investing activities from the public for as long as a year. Berkshire officials, who historically have declined to comment on the company's investing moves, didn't return a phone call to their Omaha, Neb., headquarters. The SEC's decision for now applies only to Berkshire requests to keep from the public's eyes certain company holdings at the ends of the first three quarters of 1999. Ironically, the SEC's action comes at a time when Mr. Buffett's earlier ability to move a company's shares higher simply by showing interest in the stock is waning. Berkshire's share performance has been lackluster lately because of the company's big exposure to the insurance sector as well as Mr. Buffett's aversion to technology stocks. The filings in question involve SEC Form 13F reports that institutional investors with more than $100 million in stockholdings are required to disclose at the end of each quarter. Such investors can shield their stock picks for about a year, however, by asking the SEC for a delay in the public release of those forms. To get such a dispensation, the investors must prove that disclosure of their portfolio changes could disrupt their investing strategy. Berkshire has long used the confidential format to cloak some of the more actively traded stocks in its portfolio, while reporting some of its other, long-held, stocks in more conventional filing documents. Each of the three so-called 13F-HR documents seeking disclosure delays by Berkshire noted that the company originally had filed them "pursuant to a request for confidential treatment," but that the requests had all been denied on Feb. 4. "Berkshire has chosen not to appeal the denial of confidentiality as to these securities," the filings note, "even though Berkshire believes that its confidentiality request was appropriate." While refusing to discuss Berkshire's situation in particular, Douglass Scheidt, who is associate chief counsel of the SEC's investment-management division, noted that the SEC automatically extends confidentiality for certain investments that are part of an "ongoing purchase acquisition or disposition" to protect the institutional holder's ability to get the best price for a stock. But once the SEC decides that confidentiality is no longer merited -- typically after reviewing a cluster of recent filings by the holder -- it withdraws its permission for the stockholdings involved, the SEC attorney noted. Mr. Buffett's use of the confidential 13F has caused controversy in the past. In 1997, Berkshire shifted its hefty Wells Fargo & Co. stake from its public filings to its nonpublic documents; confused investors misinterpreted the unexplained disappearance of the Wells Fargo stake as evidence Mr. Buffett had dumped his holding in the bank's stock -- and Wells Fargo shares suffered a sell-off until the confusion was cleared up. The following year, the SEC announced it was tightening its oversight of confidentiality requests, saying its staffers would "deny any confidential-treatment request that doesn't make a compelling showing of need." Berkshire isn't the only investing company that shrouds its actions with the confidential forms. Cascade Investment LLC, the investment vehicle for Microsoft Corp. Chairman Bill Gates, has made use of the form, as has investor George Soros's hedge fund. Though Berkshire's actions are closely watched, its portfolio of equity investments -- which is focused on providers of financial services and consumer staples including Gillette Co., Coca-Cola Co. and American Express Co. -- hasn't performed particularly well of late, as Mr. Buffett's adherence to the "value investing" techniques has kept the company out of the high-tech sector. The decline in investors' esteem for his stock-picking skills was underscored when Berkshire earlier this month disclosed a big reduction in its General Dynamics Corp. holding as well as substantial new stakes in such companies as Liz Claiborne Inc., Jones Apparel Group Inc., Dun & Bradstreet Corp. and GATX Corp. The news didn't appear to cause any change in the stocks of the companies involved. Berkshire's complex filings Tuesday indicate, among other things, that the reputed technophobe Mr. Buffett apparently took an undisclosed, and modest, flier in Microsoft Corp.: Berkshire had accumulated $16.7 million in Microsoft preferred Class A shares by the end of the 1999 third quarter, according to one of Tuesday's amended 13Fs. The Microsoft A shares, which matured in mid-December, didn't appear in Berkshire's year-end public list of holdings."