“Apple Inc. Chief Executive Officer Steve Jobs and other managers were accused in an investor lawsuit against the company of backdating stock-option awards to maximize their personal profit,” Joel Rosenblatt reports for Bloomberg.
“The complaint was filed in federal court in San Jose, California, by shareholder Martin Vogel, who had a similar case dismissed last year by U.S. District Judge Jeremy Fogel,” Rosenblatt reports. “Vogel and co-plaintiff Kenneth Mahoney said in the new complaint, again assigned to Fogel, that Apple executives hid the cost of the backdated options from shareholders, leading the company to file false financial statements. Vogel seeks class- action, or group, status to represent other investors affected by the backdating.”
“The claims mirror allegations made by the U.S. Securities and Exchange Commission in a lawsuit against former Apple General Counsel Nancy Heinen, who is also named as a defendant in the shareholder suit. The SEC case is scheduled for trial next year,” Rosenblatt reports.
“Apple, maker of the iPod and iPhone music-and-video players, said in 2006 that it backdated 6,428 stock-option grants issued from 1997 to 2002,” Rosenblatt reports. “The company conducted an internal investigation, finding no misconduct by Jobs, who recommended favorable dates on some option grants other than his own. The company recorded $84 million in charges to correct its accounting.”
Rosenblatt reports, “Stock options allow holders to buy shares later, usually at the trading price on the day the options were granted. Through backdating, companies retroactively change grant dates to those with lower stock prices, giving recipients built-in profits. Unless disclosed and recorded as expenses, the practice is illegal because it hides costs from shareholders and regulators.”
More in the full article here.
[Thanks to MacDailyNews Reader "DLMeyer" for the heads up.]
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