Vous êtes sur la page 1sur 2

1.

Sokol faced a possible termination of his job at Berkshire as an adverse of consequence of his actions as
he clearly violated the Berkshire Hathaway Code of Business Conduct and Ethics which states that;
employees are prohibited from taking for themselves opportunities that are discovered through the
use of corporate property, information, or position without the consent of the Board of Directors of the
Company. Sokol used his position to obtain information about Lubrizol from the Berkshire investment
bankers Citi.

Another adverse outcome of Sokol action was that his career progress at Berkshire including the
prospects of succeeding Warren Buffet at Helm of Berkshire Hathaway was negatively affected and
chances of His career advancement drastically reduced.

He also faced a possible legal action if regulators believed that he might have acted on inside
information material no public to trade and hence have undue advantage in the capital market.

Also his reputation was greatly tarnished and many people would question his profession and ethical
conduct. Therefore his career competitiveness was reduced and he would find it difficult to get
employment from companies that are aware of his actions.

Hi risks slightly reduced by his resignation as Warren buffet did pot lay his actions as unlawful and even
stated that his resignation was not related to purchase of Lubrizol. His position at Berkshire most likely
would became untenable as his violation code of business ethics and conduct became more apparent.
Therefore resigning reduced some risks such as being fired and leaving much more embarrassed.

2.

The following standards are applicable to Sokol actions.

I: Professionalism.

Sokol represented recommendation about Lubrizol as his own while in fact it was among 18 companies
that were recommended by Berkshire Investment banker Citi this amounted to misrepresentation.

Sokol action amounted to misconduct as he had contravened the Berkshire Hathaway Code of Business
Conduct and Ethics

His actions despite not being illegal or breaking any law were ethically wrong and hence violated
standard I.

II: Integrity of Capital Markets

Though not directly having bought shares of Lubrizol just before it was acquired by Berkshire would
appear as acting on information or material non- public as Sokol knew he was going to recommend
Lubrizol to Warren Buffet and maybe from the previous experience he knew Warren would accept the
recommendation. His actions therefore violates standard II.

IV: Duties to Employers

Sokol owed a duty to his employer and his employer interests should have preceded his own personal
interest therefore he should have recommended the Lubrizol to Warren Buffett before buying the
shares for himself. Sokol violated the standard IV on duties to employer by placing his personal interest
above those of his employer.

VI: Conflicts of Interest

After acquiring shares in Lubrizol Sokol should have disclosed it fully to the Warren during his
recommendation as any acquisition would have a direct impact on Sokol wealth. This would have
allowed Warren to make an informed decision whether the recommendation was in good faith or not.

So David Sokol violated this standard.

3. I would recommend Mikkel Orut to advice his client about professional code of conduct and ethics
that he is expected to follow. Mikkel should also inform Sokol that as a CFA charter holder he (Mikkel) is
guided by the CFA Institute Standards of Professional Conduct and would therefore follow it strictly.

Vous aimerez peut-être aussi