UPDATE 3-Wells Fargo must face shareholder fraud claims over its recovery from scandals, BFSI News, ET BFSI

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(Adds comment from lawyer for ex-CEO Sloan, changes dateline from Sept. 30)

NEW YORK, – A federal judge on Thursday rejected Wells Fargo & Co’s bid to dismiss a lawsuit claiming it defrauded shareholders about its ability to rebound from five years of scandals over its treatment of customers.

The fourth-largest U.S. bank has operated since 2018 under consent orders from the Federal Reserve and two other U.S. financial regulators to improve governance and oversight, with the Fed also capping Wells Fargo’s assets.

Shareholders said bank officials falsely claimed in TV interviews, analyst calls and congressional testimony that the bank was mending its ways, when regulators actually viewed its progress as “deficient” and “unacceptable.”

U.S. District Judge Gregory Woods in Manhattan said the shareholders plausibly alleged that some statements by various bank officials, including former Chief Executive Tim Sloan, were “deliberately or recklessly false or misleading.”

According to shareholders, San Francisco-based Wells Fargo lost more than $54 billion of market value as the truth was gradually revealed over a two-year period ending in March 2020.

Woods also dismissed claims against current Chief Executive Charles Scharf, saying he was not culpable for the challenged claims.

The scandals prompted Warren Buffett‘s Berkshire Hathaway Inc to shed nearly all of its 10% stake in the bank.

“We will continue to vigorously defend the litigation and strongly disagree with the claims,” Wells Fargo said in an email.

Sloan’s lawyer Josh Cohen said in an email on Friday that his client’s statements were truthful, and that Sloan “worked tirelessly to bring Wells Fargo into compliance with consent orders and regulatory demands.”

The decision is a setback for Wells Fargo’s rebound from revelations including that it opened about 3.5 million accounts without customer permission, and charged hundreds of thousands of borrowers for auto insurance they did not need.

Wells Fargo has paid more than $5 billion in fines, and the Fed’s $1.95 trillion asset cap restricts the bank’s growth.

Sloan stepped down abruptly as chief executive after 2-1/2 years in March 2019. One year later, Wells Fargo canceled a $15 million bonus for him.

In his 61-page decision, Woods did not decide whether bank officials intended to defraud shareholders.

But he said it would have been “nearly impossible” for Sloan to be unaware of the regulators’ criticisms.

“Based on the facts on the ground, Mr. Sloan knew or, more importantly, should have known that he was misrepresenting material facts related to the corporation,” Woods wrote.

The shareholders are led by the state of Rhode Island, and pension funds in Louisiana, Mississippi and Sweden.

Their lawyer Steven Toll said he was pleased they can sue over the “vast majority of the alleged fraudulent statements.”

The case is In re Wells Fargo & Co Securities Litigation, U.S. District Court, Southern District of New York, No. 20-04494. (Reporting by Jonathan Stempel in New York; editing by Jonathan Oatis, Aurora Ellis and Cynthia Osterman)



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Berkshire’s Charlie Munger says China right to clip Jack Ma’s wings, BFSI News, ET BFSI

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Berkshire Hathaway Inc Vice Chairman Charlie Munger praised China‘s move to impose a sweeping restructuring on Jack Ma’s Ant Group, the fintech giant whose record $37 billion IPO was derailed by regulators in November.

The 97-year-old told CNBC in an interview alongside Berkshire CEO and billionaire investor Warren Buffett that the United States should take a leaf out of China’s book and “step in preemptively to stop speculation”.

“I don’t want the, all of the Chinese system, but I certainly would like to have the financial part of it in my own country,” he said in the interview aired on Tuesday in the United States.

Communist Party-ruled China “did the right thing” by reining in Ma, the founder of e-commerce giant Alibaba Group Holding , who has hardly been seen in public since he criticised regulators in a speech in October last year.

Chinese regulators pulled the plug on Alibaba affiliate Ant’s IPO and forced it to turn itself into a financial holding firm, a move expected to curb some of its freewheeling businesses.

Alibaba was also hit with a record $2.75 billion antitrust penalty as China tightens controls on the booming “platform economy”.

“Communists did the right thing. They just called in Jack Ma and say, “You aren’t gonna do it, sonny,” Munger said.

He also praised China’s response to the novel coronavirus. China imposed strictly enforced lockdowns and widespread curbs on movement, measures that would be less acceptable to Americans.

“They simply shut down the country for six weeks. And that turned out to be exactly the right thing to do,” Munger said.

Buffett said the pandemic had hurt smaller companies the most.

“I don’t know how many but many hundreds of thousands or millions of small businesses have been hurt in a terrible way, but most of the big, big companies have overwhelmingly done fine, unless they happen to be in cruise lines or, you know, or hotels or something,” he said.



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Buffett says Greg Abel is his likely successor at Berkshire, BFSI News, ET BFSI

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By Katherine Chiglinsky

Warren Buffett said Greg Abel, Berkshire Hathaway Inc.’s vice chairman of non-insurance businesses, would be his likely successor if the billionaire were to step down.

The board agrees that Abel, 58, would take over if anything were to happen to the 90-year-old chief executive officer, Buffett told CNBC. Abel had been seen as the most likely candidate.

Succession decisions had been a closely guarded secret at the conglomerate, even while the firm assured investors that it had a detailed plan in place. Ajit Jain, 69, was also often viewed as a potential pick given Buffett’s praise of the Berkshire vice chairman, who runs the insurance businesses. But age was a determining factor in the selection, according to Buffett.

“They’re both wonderful guys,” Buffett, who has spent five decades at the helm, told CNBC. “The likelihood of someone having a 20-year runway, though, makes a real difference.”

Berkshire Vice Chairman Charlie Munger, 97, made a remark at Saturday’s annual meeting that stoked speculation Abel was the chosen successor. Buffett was talking about how decentralization wouldn’t work everywhere because it requires a certain type of culture.

“Yeah, but we do,” Munger said. “And Greg will keep the culture.”

Abel has long been seen as the most likely candidate to replace Buffett, given his age and his wide remit overseeing all the non-insurance businesses at the conglomerate.

“The directors are in agreement that if something were to happen to me tonight, it would be Greg who’d take over tomorrow morning,” Buffett told CNBC. “We’ve always at Berkshire had basically a unanimous agreement as to who should take over the next day.”

What Bloomberg Intelligence Says
“We think Greg Abel would carry on Berkshire’s culture as Buffett’s successor.”
–Matthew Palazola, senior industry analyst, and Kylie Towbin, associate analyst.

Succession remains a huge topic for Berkshire given the ages of Buffett and Munger and their importance in building the company into the more than $630 billion conglomerate it is today. Any successor would take on a business overseeing a wide array of operations, from insurers to a railroad to energy companies and even retailers including Dairy Queen.

Both Abel and Jain joined Buffett and Munger on stage Saturday to field questions from shareholders at the company’s meeting, held virtually because of the pandemic.

Abel and Jain were both named vice chairmen in 2018 in promotions that Buffett said at the time were part of the “movement toward succession.” Abel, who previously led Berkshire’s sprawling energy empire, was picked to oversee all the non-insurance businesses, while Jain ran the insurers.

Abel rose to prominence at Berkshire as a key manager of its energy operations, building those units into a business that now has more than 23,000 employees. The executive, who grew up in Canada, is also an astute dealmaker, helping the energy business buy a Nevada utility, NV Energy, and an electric-transmission company in his native Alberta.

Now, Abel has an even wider mandate. He holds roles as a board member at Kraft Heinz Co., the packaged-food company that counts Berkshire as a key shareholder, and sets compensation for the CEOs of the company’s non-insurance businesses. Shareholders have gotten more of a glimpse of Abel in recent years, with the manager joining Buffett on stage at the annual meetings this year and in 2020.



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Charlie Munger feels ‘disgusted’ about Bitcoin; Buffett is ‘alright on that one’, BFSI News, ET BFSI

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MUMBAI: Legendary investor Charlie Munger of Berkshire Hathaway is not happy with the success of cryptocurrencies like Bitcoin and Ethereum, as he sees them as “contradictory to the development of civilisation.”

Cryptocurrency assets such as Bitcoin and Ethereum are now worth more than $2 trillion within just 12 years of their birth. Bitcoin alone today has a market capitalisation of little less than $1 trillion and is trading around $58,000 from less than $5,000 more than a year ago.

Cryptocurrencies, often compared with the Internet in its early age, has enjoyed greater acceptance and success over the past year. Corporate America has embraced cryptocurrency with companies like Microsystem and Tesla converting a part of their cash holdings into Bitcoin.

Companies such as MasterCard, Square, PayPal and others have started to accept cryptocurrencies like Bitcoin as payments enabling wider acceptance.

On Wall Street, investment firms are scurrying to make Bitcoin available to their clients to invest with companies such Vanguard, Blackstone and others rallying behind the cryptocurrency. JP Morgan & Chase recently recommended its wealthy clients to take an exposure to Bitcoin in their portfolio.

Munger, who was speaking at the annual meeting of Berkshire Hathaway, said he hates the success of Bitcoin. “I don’t welcome a currency, which is so useful to kidnappers,” Munger said.

Warren Buffett, Munger’s partner for more than 60 years, ducked the question by using a line that a former governor of Nebraska used to say: “I am alright on that one.”

One of the most successful investors of the past century, Buffett has previously stated that cryptocurrencies have “no value” and “don’t produce anything”.



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Warren Buffett sees a ‘red hot’ economy with creeping inflation, BFSI News, ET BFSI

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By Katherine Chiglinsky

Warren Buffett delivered a clear verdict Saturday on the state of the U.S. economy as it emerges from the pandemic: red hot.

“It’s almost a buying frenzy,” the Berkshire Hathaway Inc. chief executive officer said during the conglomerate’s annual meeting, which was held virtually from Los Angeles. “People have money in their pocket and they’re paying higher prices,” he said.

Buffett attributed the faster-than-expected recovery to swift and decisive rescue measures by the Federal Reserve and U.S. government, which helped kick 85% of the economy into “super high gear,” he said. But as growth roars back and interest rates remain low, many — including Berkshire — are raising prices and there is more inflation “than people would have anticipated six months ago,” he said.

Buffett reunited with his long-time friend and business partner Charlie Munger for this year’s meeting. Munger didn’t make it to last year’s meeting in Omaha, Nebraska — Buffett’s hometown — due to the shutdowns across the country. Some shareholders were relieved to see the duo fielding questions together again.

“I really feel that both Charlie and Warren displayed their usual and amazing level of acuity and intellectual energy,” said James Armstrong, who manages assets including Berkshire shares as president of Henry H. Armstrong Associates.

Buffett and Munger spent hours fielding questions, from the economy, to climate and diversity, the SPAC boom, taxes and succession. Here’s the lowdown:

Climate Pressure:
Berkshire faced pressure from two shareholders proposals, one to improve transparency related to its efforts on climate change. The topic was bound to be a feature at the meeting — and it was.

When asked about the proposals, Buffett stuck to his previous stance. Measures to produce big reports on diversity and climate for his business lines spanning energy to railroads were, he said, “asinine.” The proposals were later voted down.

Buffett was also asked about Berkshire’s stake in oil and gas producer Chevron Corp., which it disclosed earlier this year. Buffett said he felt “no compunction” in the least about its ownership in the company, which he said had benefited society in many ways. While he acknowledged the world is shifting away from hydrocarbons, people on the extreme sides of either argument are “a little nuts,” he said.

Greg Abel, chairman of Berkshire Hathaway Energy, called climate change a “material risk.” He added that they’re setting targets and spending $18 billion over 10 years on transmission infrastructure.

Killer SPACs:
Buffett warned investors that Berkshire might not have much luck striking deals amid the boom in special purpose acquisition companies that gripped the market over the past year.

“It’s a killer,” Buffett said about the influence of SPAC companies on Berkshire’s ability to find businesses to buy. “That won’t go on forever, but it’s where the money is now, and Wall Street goes where the money is.”

Buffett, 90, also spent part of Berkshire’s annual meeting Saturday addressing the recent boom in retail and day trading. A lot of people have entered the stock market “casino” over the past year, he said.

Tax:
Buffett said President Joe Biden’s proposals for a corporate tax hike would hurt Berkshire shareholders. He added that antitrust laws and tax policy could change things for the company but new tax laws wouldn’t alter its no-dividend policy.

Succession:

Buffett and Munger, 97, fielded the majority of questions at Saturday’s meeting, but their two top deputies Abel and Ajit Jain, who runs the insurers, also shared the stage. Investors were able to get a closer look at the pair who are considered the top candidates for the job.

Munger dropped a little mention of the post-Buffett years that drew speculation on social media about the most likely candidate to succeed Buffett. The CEO was pointing out that decentralization doesn’t work everywhere because it requires a certain type of culture that businesses need to have.

“Yeah, but we do,” Munger insisted. “And Greg will keep the culture.”

Abel has long been considered the top candidate to replace Buffett, especially when he was promoted to a vice chairman role overseeing all non-insurance operations, which gives him a wide array of responsibilities, including oversight of the railroad BNSF and the energy business.

Errors:
Buffett offered a few mea culpas during Saturday’s meeting. He noted that selling some Apple Inc. stock last year was a mistake and even said that Haven, the health care venture with JPMorgan Chase & Co. and Amazon.com Inc., thought it could fight the “tape worm” of American health care costs but the worm won.

“That was probably a mistake,” Buffett said of those Apple stock sales last year. Berkshire still owned a roughly $110 billion stake in the iPhone maker at the end of March. “In fact, Charlie, in his usual low-key way, let me know that you thought it was a mistake too,” he said to Munger, who shared the stage with him.

Cash Pile:
Before the annual meeting started, the company released its first-quarter earnings, giving investors a dive into the 19.5% operating profit gain during the period.

Berkshire ended the quarter with a near-record $145.4 billion of cash on hand as it continued to generate funds faster than Buffett could deploy them. But Buffett also ended pulling back on some capital deployment levers during the period. He bought back just $6.6 billion of Berkshire’s own stock, short of the record $9 billion set in prior quarters, and ended up with the second-highest level of net stock sales in the first quarter in almost five years.



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