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Stock Options Backdating How the Latest Corporate Scandal Could Affect You The practice of backdating stock options has recently come to the forefront of the news, as the Securit ies and Exchange Commission and Department of Justice are currently investigating at least 80 comp anies in ...

Corporate Governance and Backdating of Executive Stock Options Daniel W. Adam (College of Management) The ethics of backdating stock options can be considered to be an offspring of the attempt to resolve the agency problem, i.e., the potential conflict of interest that exists ...

It was back in 2005 that the stream of securities lawsuits involving the back dating of stock options began.

There may not be a big firm associate alive that did not have the taks of investigating out how, when and why options were issued.

The total compensation to executives granted back-dated options was either unchanged or, perhaps, lower than it would have been, since people tend to irrationally over-value a bird in hand (in the money options) to a dozen in the bush (out of the money options).

But it all became worse than a pseudo-scandal, in fact.

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The basic idea was that many companies seemed to award stock options on days when their stocks were at low-points, which increased the value of the options when the stock increased and made the stock cheaper to buy for the executives.SEC Chairman Christopher Cox recently stated that the proposed SEC rules on disclosure of executive compensation will “almost certainly address options backdating explicitly.” I. Companies have considerable discretion in determining the timing of stock option awards.Most employee stock options are, or purport to be, granted “at-the-money,” meaning that the exercise price of the option equals the market price of the underlying stock on the date of the grant.The stock plans of many public companies prohibit the granting of below-market options; other companies disclose in their SEC reports that stock options are granted at market and prepare their financial statements on that basis.The term “backdating” refers to a number of option granting practices in which the reported grant date is different from the date on which the option is actually awarded, resulting in an option that is already “in-the-money” at the time of the grant.

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SCHROEDER and STEPHEN REINHARDT, Circuit Judges, and LOUIS H. Amber Rosen, San Jose, CA, for the plaintiff-appellee. Waxman, Washington, DC., for defendant-appellant Gregory L. The options were backdated to a time when the company's stock price was low, but the options were not recorded on the company's books as an expense of the corporation, so the books showed the corporation to be more profitable than it was. The government witnesses provided evidence as to how this scheme operated and how Reyes participated in the scheme. The district court declined to hold she was within the “No Knowledge Clause,” and sentenced her to a term of imprisonment of four months. The issue that is dispositive of Reyes' appeal concerns the government attorney's misconduct in falsely telling the jury that the Finance Department did not know about the backdating, when the prosecutor knew that their statements revealed that they did. ” The government even displayed for the jury a diagram explaining the prosecutor's position that the Finance Department did not know of the backdating. Bossi and Canova even discussed discovering specific instances of inconsistencies in stock option paperwork, and attributed the errors to Reyes' backdating practice. At the end there was considerable focus on the issue of what the Finance Department knew.

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