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0000950129-05-009101.txt : 20050909 0000950129-05-009101.hdr.sgml : 20050909 20050909162742 ACCESSION NUMBER: 0000950129-05-009101 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20050908 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050909 DATE AS OF CHANGE: 20050909 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERKSHIRE HATHAWAY INC CENTRAL INDEX KEY: 0001067983 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] IRS NUMBER: 470813844 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14905 FILM NUMBER: 051078048 BUSINESS ADDRESS: STREET 1: 1440 KIEWIT PLZ CITY: OMAHA STATE: NE ZIP: 68131 BUSINESS PHONE: 4023461400 MAIL ADDRESS: STREET 1: 1440 KIEWIT PLAZA CITY: OMAHA STATE: NE ZIP: 68131 FORMER COMPANY: FORMER CONFORMED NAME: NBH INC DATE OF NAME CHANGE: 19980810 8-K 1 a12464e8vk.htm BERKSHIRE HATHAWAY INC. e8vk

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (D) OF THE
SECURITIES EXCHANGE ACT OF 1934


DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED)		September 8, 2005

BERKSHIRE HATHAWAY INC.

(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)


DELAWARE	001-14905	47-0813844

(STATE OR OTHER JURISDICTION OF INCORPORATION)	(COMMISSION FILE NUMBER)	(I.R.S. EMPLOYER IDENTIFICATION NO.)

1440 Kiewit Plaza
Omaha, Nebraska		68131

(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)		(ZIP CODE)

(402) 346-1400

REGISTRANT’S TELEPHONE NUMBER, INCLUDING AREA CODE

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):


o		Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o		Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o		Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o		Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

TABLE OF CONTENTS


	ITEM 8.01. Other Events.
	ITEM 9.01. Financial Statements and Exhibits.
Exhibit 99.1
Exhibit 99.2

ITEM 8.01. Other Events.

On September 9, 2005, Berkshire Hathaway Inc. issued a press release announcing that Joseph Brandon, CEO of General Reinsurance Corporation received a “Wells” notice from the Securities and Exchange Commission in connection with its ongoing investigation of non-traditional insurance products. This press release is attached hereto as Exhibit 99.1 and incorporated be reference herein. Subsequent to the announcement regarding Mr. Brandon, Berkshire Hathaway Inc. was informed by counsel representing Christopher Garand, a former Senior Vice President of General Reinsurance Corporation who retired on August 31, 2005, and counsel representing Robert Graham, a current Senior Vice President of General Reinsurance Corporation that each received a Wells notice from the staff of the Securities and Exchange Commission in connection with their ongoing investigation of non-traditional insurance products. A second press release was issued on September 9, 2005, as a result of the issuance of these Wells notices and is attached hereto as Exhibit 99.2 and incorporated by reference herein.

ITEM 9.01. Financial Statements and Exhibits.


Exhibit No.		Description
99.1		Berkshire Hathaway Inc. Press Release dated September 9, 2005
99.2		Berkshire Hathaway Inc. Press Release dated September 9, 2005

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


September 9, 2005	BERKSHIRE HATHAWAY INC.
	/s/ Marc D. Hamburg
	By: Marc D. Hamburg
	Vice President and Chief Financial Officer

Table of Contents


Exhibit No.		Description

99.1		Berkshire Hathaway Inc. Press Release dated September 9, 2005
99.2		Berkshire Hathaway Inc. Press Release dated September 9, 2005

EX-99.1 2 a12464exv99w1.htm EXHIBIT 99.1 exv99w1

EXHIBIT 99.1

BERKSHIRE HATHAWAY INC.
NEWS RELEASE


FOR IMMEDIATE RELEASE		September 9, 2005

Omaha, NE (BRK.A; BRK.B) – Berkshire Hathaway Inc. announced today that on September 8, 2005, Joseph Brandon, CEO of General Reinsurance Corporation, a wholly owned subsidiary of Berkshire Hathaway, received a “Wells notice” from the staff of the Securities and Exchange Commission in connection with its ongoing investigation of non-traditional insurance products. The Wells notice states that the staff is considering recommending that the Commission bring a civil injunctive action alleging that Mr. Brandon violated or aided and abetted violations of the Securities Exchange Act of 1934. The notice further states that in connection with such action it may seek permanent injunctive relief, an order barring Mr. Brandon from serving as an officer or director of a public company, disgorgement, and civil penalties against Mr. Brandon. Under the Commission’s procedures, the recipient of a Wells notice has the opportunity to respond to the staff before the staff makes its formal recommendation on whether any civil action should be brought by the Commission.

Berkshire Hathaway and its subsidiaries engage in a number of diverse business activities among which the most important is the property and casualty insurance business conducted on both a direct and reinsurance basis. Common stock of the Company is listed on the New York Stock Exchange, trading symbols BRK.A and BRK.B.

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EX-99.2 3 a12464exv99w2.htm EXHIBIT 99.2 exv99w2

EXHIBIT 99.2

BERKSHIRE HATHAWAY INC.
NEWS RELEASE


FOR IMMEDIATE RELEASE		September 9, 2005

Omaha, NE (BRK.A; BRK.B) — Berkshire Hathaway Inc. was informed today by counsel representing Christopher Garand, a former Senior Vice President of General Reinsurance Corporation who retired on August 31, 2005, and counsel representing Robert Graham, a current Senior Vice President and Assistant General Counsel of General Reinsurance Corporation, that Mr. Garand and Mr. Graham each received a “Wells notice” on September 8, 2005 from the staff of the Securities and Exchange Commission in connection with its ongoing investigation of non-traditional insurance products. The Wells notices state that the staff is considering recommending that the Commission bring a civil injunctive action alleging that Mr. Garand and Mr. Graham violated or aided and abetted violations of the Securities Exchange Act of 1934. The notices further state that in connection with such action it may seek permanent injunctive relief, an order barring Mr. Garand and Mr. Graham from serving as an officer or director of a public company, disgorgement, and civil penalties against them. Under the Commission’s procedures, the recipient of a Wells notice has the opportunity to respond to the staff before the staff makes its formal recommendation on whether any civil action should be brought by the Commission. It should be noted that a Wells notice issued to an individual such as Mr. Garand or Mr. Graham is not sent to Berkshire Hathaway or General Reinsurance Corporation and Berkshire Hathaway and General Reinsurance Corporation only become aware of such notices when advised by the individual or their counsel.

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