Apple Execs Reportedly Faked Options Documents 172
theodp writes "Federal prosecutors are reportedly looking closely at stock option administration documents that were apparently falsified by Apple execs to maximize the profitability of option grants. While Apple has said CEO Steve Jobs did not profit from the stock-option backdating, Jobs has reportedly hired his own attorney to deal with the SEC and Justice Department."
Say it Ain't So Fred! (Score:5, Informative)
Now it seems the financial genius is another self-serving, crooked corporate scumbag.
Way to flamebait the headline (Score:5, Informative)
Take a look here [com.com] or here [com.com].
Re:Shakespeare was right... (Score:3, Informative)
Maybe, but I don't think that's the case here. It shouldn't take a lawyer telling you that modifying documents to reflect something that just isn't true could possibly be wrong. ESPECIALLY for a public company.
Re:yay, another company who's CEO's rob shareholde (Score:5, Informative)
A company can give you any number of stock options it wishes, at any strike price it wishes. If the strike price is equal to the share price on the day the options are granted, the company does not have to pay any taxes on the grant. If the strike price is lower, then this is treated as if the company had given you cash, so you have to pay income tax, and the company has to register the difference as a loss. So it was always legal for the company to give you options at the share price at an earlier date, but YOU would have to pay income tax for it.
What is NOT legal is to modify the grant date and so hide the fact that taxes need to be paid.
Re:Corporate crisis PR playbook (Score:4, Informative)
1) It was actually Apple who first found problems, told the SEC they had found problems, and started its own internal investigation.
2) If a company says "we are NOT cooperating with authorities", the company has a real problem.
3) Considering that this is about events from 1997 to 2002, it is not unusual that people leave a company in four years.
4) Steve Jobs just made a cool 3500 million dollars by selling his share of Pixar; the whole case here is about options worth less than 17 million.
Re:The corporate lawyer is NOT your lawyer (Score:2, Informative)
Re:yay, another company who's CEO's rob shareholde (Score:2, Informative)
Anyway, when Bush comes into office, with a business background, 'fudging the numbers' is not cool. You either made a profit or you didn't, regardless of what shell offshore companies you bought.
Um, no. Bush's Justice Department didn't move one finger to increase prosecaution for bad accounting practices until after there was huge public outcry over Enron, Worldcom, and other companies and then dragged their feet on prosecutions. Bush is strongly associated with Enron because Bush is a former business partner of Bush, among other things. Enron is Bush's #1 lifetime donor and his biggest contributor in the 2000 campaign. Bush has called Ken Lay a personal friend. He was also a personal friend of Dick Cheney. and part of his "Energy Task Force". It has been confirmed that Ken Lay was poised to be named as Secretary of Energy before the Enron scandal broke.
Bush is tagged with fostering this corruption.
Largely because he did. But most people throw the lion's share of the blame at the corrupt Republican congress for passing legislation that fostered a culture of abuse.
Re:yay, another company who's CEO's rob shareholde (Score:3, Informative)
So, ya, hiphip freak'n hooray for the Department of Justice. The Department of Justice started investigating a crime after the criminal notified them of the crime and started handing over evidence. I hope Alberto Gonzales has gold stars for everyone's awesome investigatory investigiveness.
It's not flamebait, the declaration was not timely (Score:3, Informative)
It's still fraud if the backdating occurred, and it's no less serious just because Apple pre-empted any SEC investigations. Most criminals don't get off scot-free just because they turn themselves in when it becomes obvious that the authorities are about to arrest them.
If the stock options were backdated are not declared, then the Apple officers receiving them were actually receiving additional compensation of the difference between the options' declared price on the backdated date, and the price on the real date of the option grant, and it's a cost to the company that is hidden, therefore overstating earnings, and fraud. If it had been declared at the time, it wouldn't have been fraud. It's not enough to just declare it now.
why this matters (Score:3, Informative)
Re:Say it Ain't So Fred! (Score:5, Informative)
They are a win for existing stockholders if the officers use the cash to help engineer a comeback which quintuples the price of the stock, as was the case at Apple. One of the things Apple did with that money was buy NeXT.
Re:yay, another company who's CEO's rob shareholde (Score:2, Informative)