SEC weighing whether companies and shareholders were hurt by backdating options

“The Securities and Exchange Commission is holding up a final settlement with Brocade Communications Systems as the SEC reportedly considers whether backdated stock options harmed shareholders,” CNNMoney.com reports.

“The Wall Street Journal reported Thursday that SEC Chairman Christopher Cox and his four fellow commissioners are still not certain whether and how to penalize companies where backdating occurred. The internal debate has delayed a formal commission vote on a proposed $7 million settlement SEC reached with Brocade a year ago,” CNNMoney.com reports.

“Brocade, which makes computer network switches and software, was one of the first companies to reach a settlement with the SEC on a backdating case,” CNNMoney.com reports. “The case could affect pending settlements at other companies, including chipmaker Analog Devices, and set the direction for a number of other high-profile backdating probes by regulators, including one at Apple.”

CNNMoney.com reports, “The Journal says that the questions being looked at by the SEC and its staff, including its economists, also focus on whether the executives were compensated differently than shareholders believed. Being considered as well is whether there is a value to the company of using backdated options to attract and retain employees.”

Full article here.
Well, if that’s the criteria, for Apple’s CEO, it’s “Case Closed.” Apple wouldn’t even exist today without Steve Jobs.

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10 Comments

  1. Generally, Chris Cox is a thoughtful guy on these issues, and boy are he and his commissioners going to need every ounce of brainpower they have to get this one right. Obviously, this is not just about Apple. It could damage so many companies that it pushes the economy into a recession. The biggest losers in a recession, of course, are the average workers who lose their jobs. The solution is not to ignore accounting regs, but to use the right standard for launching prosecutions, as well as for settlements.

  2. As has been previously stated, the only real harm has been to Apple’s own employees, whose shares were cut due to an “unforseen shortage” of stock available for disbursement. And this during the largest run-up in Apple stock ever.

  3. The SEC needs to set forth more definitive guidelines for future enforcement. Drop the issue and move on. they’re wasting too much time and money on something that is just not that importtant. And, yes they would do harm to both the companies involved and the economy if they contine on this ridiculous path.

  4. “The case could affect pending settlements at other companies, including chipmaker Analog Devices, and set the direction for a number of other high-profile backdating probes by regulators…”

    …speculation to make news

  5. “The case could affect pending settlements at other companies, including chipmaker Analog Devices, and set the direction for a number of other high-profile backdating probes by regulators…”

    …speculation to make news

  6. “The case could affect pending settlements at other companies, including chipmaker Analog Devices, and set the direction for a number of other high-profile backdating probes by regulators…”

    …speculation to make news

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