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Spotlight On:
Stock Options Backdating
Enforcement Actions Related to Options Backdating
(displayed in reverse chronological order)
- Court Enters Permanent Injunction and Other Relief against Carole Argo in Stock Options Backdating Case (SafeNet, Inc.), Litigation Release No. 20752, September 29, 2008)
- Outside Directors of Mercury Interactive Settle SEC Charges of Stock Option Backdating (SEC v. Igal Kohavi, Yair Shamir, and Giora Yaron, Litigation Release No. 20724, September 17, 2008)
- SEC Announces $7.2 Million Settlement With Former KB Home Chairman and CEO for Stock Option Backdating and Self-Dealing (SEC v. Bruce E. Karatz, Litigation Release No. 20717, September 15, 2008)
- SEC Charges Former Executives of Embarcadero Technologies, Inc. in Stock Option Backdating Scheme (SEC v. Stephen R. Wong, SEC v. Raj P. Sabhlok and Michael C. Pattison, Litigation Release No. 20710, September 9, 2008)
- SEC Settles Options Backdating Charges With Former Apple General Counsel For $2.2 Million (SEC v. Nancy R. Heinen, Litigation Release No. 20683, August 14, 2008)
- SEC Files Lawsuit against HCC Insurance Holdings, Inc., Former HCC CEO, and Former HCC General Counsel for Stock Option Backdating Violations (SEC v. HCC Insurance Holdings, Inc.; Stephen L. Way; and Christopher L. Martin, Litigation Release No. 20651, July 22, 2008)
- SEC Charges Sycamore Networks and Three Former Officials in Options Backdating Case (SEC v. Sycamore Networks, Inc., Frances M. Jewels, Cheryl E. Kalinen, and Robin A. Friedman, Litigation Release No. 20638, July 9, 2008)
- SEC Settles With Microtune, Inc. and Sues Former Microtune Officers In Stock Option Backdating Scheme (SEC v. Microtune, Inc., Douglas Bartek, and Nancy Richardson, Litigation Release No. 20633, July 1, 2008)
- Analog Devices and Its CEO Settle Stock Option Backdating Charges (SEC v. Analog Devices, Inc. and Jerald Fishman, Litigation Release No. 20604, May 30, 2008)
- SEC Charges Brooks Automation, Inc. With Violations in Stock Options Backdating Scheme (SEC v. Brooks Automation, Inc., Litigation Release No. 20584, May 19, 2008)
- SEC Charges Four Current and Former Broadcom Officers for Backdating Options (SEC v. Henry T. Nicholas III, Henry Samueli, William J. Ruehle, and David Dull, Litigation Release No. 20574, May 14, 2008)
- SEC Charges Marvell Technology Group for Stock Option Backdating(SEC v. Marvell Technology Group, Ltd. and Weili Dai, Litigation Release No. 20544, May 8, 2008)
- SEC Charges Two Former Executives of Monster Worldwide, Inc. for Backdating Options(SEC v. James J. Treacy and Anthony Bonica, Litigation Release No. 20544, April 30, 2008)
- Broadcom to Pay $12 Million Penalty to Settle Charges for Fraudulent Stock Option Backdating (SEC v. Broadcom Corp., Litigation Release No. 20532, April 22, 2008)
- SEC Charges Broadcom's Former Vice President of Human Resources for Stock Option Backdating (SEC v. Nancy M. Tullos, Litigation Release No. 20476, March 4, 2008)
- SEC Settles Charges Against Former CEO of Monster Worldwide, Inc. for Stock Options Backdating (SEC v. Andrew J. McKelvey, Litigation Release No. 20435, January 23, 2008)
- Former UnitedHealth Group CEO/Chairman Settles Stock Options Backdating Case for $468 Million; Settlement Is Largest to Date in an Options Backdating Case (SEC v. William W. McGuire, Litigation Release No. 20387, December 6, 2007)
- SEC Sues Maxim Integrated Products and Former Senior Officers in Stock Option Backdating Scheme; Former CEO Agrees to Pay $800,000 (SEC v. Maxim Integrated Products, Inc. and John F. Gifford, SEC v. Carl W. Jasper, Litigation Release No. 20381, December 4, 2007)
- SEC Charges Former General Counsel of KLA-Tencor and Juniper Networks for Fraudulent Stock Options Backdating; Juniper Settles Fraud Charges Brought by Commission (SEC v. Lisa C. Berry, SEC v. Juniper Networks, Inc., Litigation Release No. 20257, August 28, 2007)
- SEC Charges Additional Brocade Executive For Role In Stock Option Backdating Scheme (SEC v. Michael J. Byrd, Litigation Release No. 20247, August 17, 2007)
- SEC Charges Former President, COO, and CFO of Safe-Net, Inc. for Improper Stock Options Backdating (SEC v. Carole D. Argo, Litigation Release No. 20221, August 1, 2007)
- SEC Files Action Against Integrated Silicon Solution and Its Former CFO For Improper Stock Options Backdating (SEC v. Integrated Silicon Solution, Inc. and Gary L. Fischer, Litigation Release No. 20219, August 1, 2007)
- SEC Charges Former Chairman and CEO of Brooks Automation, Inc. with Securities Fraud and Reporting Violations in Stock Option Backdating Scheme (SEC v. Robert J. Therrien, Litigation Release No. 20210, July 26, 2007)
- SEC Charges Former KLA-Tencor CEO With Fraud For Improper Stock Options Backdating (SEC v. Kenneth L. Schroeder, SEC v. KLA-Tencor, Litigation Release No. 20207, July 25, 2007)
- SEC Files Actions Against Former CEO and Former Board Member of Engineered Support Systems, Inc. Relating to Options Backdating Scheme (SEC v. Michael F. Shanahan, Sr., et al., Litigation Release No. 20193, July 12, 2007)
- Brocade to Pay $7 Million Penalty to Settle Charges for Fraudulent Stock Option Backdating (SEC v. Brocade Communications Systems, Inc., Litigation Release No. 20137, May 31, 2007)
- SEC Settles With Mercury Interactive and Sues Former Mercury Officers for Stock Option Backdating and Other Fraudulent Conduct (SEC v. Mercury Interactive, LLC [formerly known as Mercury Interactive Corporation], Amnon Landan, Sharlene Abrams, Douglas Smith, and Susan Skaer, Litigation Release No. 20136, May 31, 2007)
- SEC Charges Former Apple General Counsel for Illegal Stock Option Backdating (SEC v. Nancy R. Heinen and Fred D. Anderson, Litigation Release No. 20086, April 24, 2007)
- SEC Announces It Has Settled Its Enforcement Action Against Former General Counsel of Monster Worldwide, Inc. (SEC v. Myron F. Olesnyckyj), Litigation Release No. 20056, March 27, 2007)
- SEC Charges Former General Counsel of McAfee, Inc. for Fraudulently Re-Pricing Option Grants (SEC v. Kent H. Roberts, Litigation Release No. 20020, February 28, 2007)
- SEC Charges Former General Counsel of Monster Worldwide, Inc. for Role in Options Backdating Scheme (SEC v. Myron F. Olesnyckyj, Litigation Release No. 20004, February 15, 2007)
- SEC Settles Options Backdating Case Against Ryan Ashley Brant, Former Chief Executive Officer and Chairman of the Board of Take-Two Interactive Software, Inc.; Relief Includes Injunction, Officer-and-Director Bar and Over $6 Million in Civil Penalties, Disgorgement, and Prejudgment Interest (SEC v. Ryan Ashley Brant: Litigation Release No. 20003, February 14, 2007)
- SEC Files Actions Against Former CFO and Former Controller of Engineered Support Systems, Inc. Relating to Options Backdating Scheme; Former Controller Consents to Permanent Injunction, Officer-and-Director Bar, and Payment of $886,557 (SEC v. Steven J. Landmann; SEC v. Gary C. Gerhardt; Litigation Release No. 19990, February 6, 2007)
- SEC Settles Options Backdating Case Against William Sorin, Former General Counsel of Comverse Technology, Inc. (SEC v. Jacob (“Kobi”) Alexander, David Kreinberg, and William F. Sorin; Litigation Release No. 19964, January 10, 2007)
- David Kreinberg, Former CFO of Comverse Technology, Inc., Agrees to Settle SEC Charges in Options Backdating Case (SEC v. Jacob (“Kobi”) Alexander, David Kreinberg, and William F. Sorin; Litigation Release No. 19878, October 24, 2006)
- SEC Charges Former Comverse Technology, Inc. CEO, CFO, and General Counsel in Stock Option Backdating Scheme (SEC v. Jacob (“Kobi”) Alexander, David Kreinberg, and William F. Sorin; Litigation Release No. 19796, August 9, 2006)
- SEC Charges Former Brocade CEO, Vice President, and CFO in Stock Option Backdating Scheme (SEC v. Gregory Reyes, et al.; Litigation Release No. 19768, July 20, 2006)
- Former General Counsel of Symbol Technologies, Inc. Consents to Permanent Injunctive Relief, Officer-and-Director Bar and Administrative Order Under Rule 102(E) (SEC v. Symbol Technologies, Inc., et al.; Litigation Release No. 19585, March 2, 2006)
- SEC Charges Symbol Technologies, Inc. and 11 Former Symbol Executives with Securities Fraud; Symbol Agrees to Pay $37 Million Penalty (SEC v. Symbol Technologies, Inc., et al., Litigation Release No. 18734, June 3, 2004)
- SEC Charges Peregrine Systems, Inc. with Financial Fraud and Agrees to Partial Settlement (SEC v. Peregrine Systems, Inc.; Litigation Release No. 18205, June 30, 2003)
Commission Speeches and Testimony Related to Options Backdating
- Christopher Cox, Chairman, Speech: Address to the National Italian-American Foundation, New York, NY (May 31, 2007)
- Christopher Cox, Chairman, Speech: Address to the 2007 Corporate Counsel Institute, Washington, D.C. (March 8, 2007)
- Roel C. Campos, Commissioner, Speech: Remarks Before the 2007 Summit on Executive Compensation, New York, NY (January 23, 2007)
- Paul S. Atkins, Commissioner, Speech: Remarks Before the American Electronics Association Classic Financial Conference, Monterey, CA (November 7, 2006)
- Roel C. Campos, Commissioner, Speech: "A Conversation with Roel Campos": United States Hispanic Chamber of Commerce 27th Annual National Convention and Business Expo, Philadelphia, PA (September 21, 2006)
- Christopher Cox, Chairman, Testimony Concerning Options Backdating, before the U.S. Senate Committee on Finance, Washington, D.C. (September 6, 2006)
- Roel C. Campos, Commissioner, Speech: How to be an Effective Board Member, Boston, MA (August 15, 2006)
- Christopher Cox, Chairman, Speech: Introductory Remarks at the SEC Open Meeting, Washington, D.C. (July 26, 2006)
- Paul S. Atkins, Commissioner, Speech: Remarks Before the International Corporate Governance Network 11th Annual Conference, Washington, D.C. (July 6, 2006)
Commission Staff Speeches, Testimony and Letters Related to Options Backdating
- John W. White, Director, Division of Corporation Finance, Testimony Concerning Tax and Accounting Issues Related to Employee Stock Option Compensation, before the U.S. Senate Permanent Subcommittee on Investigations, Washington, D.C. (June 5, 2007)
- Linda Chatman Thomsen, Director, Division of Enforcement, Speech: Remarks Before the 27th Annual Ray Garrett, Jr. Corporate and Securities Law Institute 2007, Chicago, IL (May 4, 2007)
- Linda Chatman Thomsen, Speech: Remarks at the 2007 Corporate Counsel Institute, Washington, D.C. (March 8, 2007)
- Division of Corporation Finance’s Sample Letter Sent in Response to Inquiries Related to Filing Restated Financial Statements for Errors in Accounting for Stock Option Grants (January 2007)
- John Albert, Senior Associate Chief Accountant, Office of the Chief Accountant, Speech: OCA Current Projects: AICPA Conference on Current SEC & PCAOB Developments, Washington, D.C. (December 11, 2006)
- Linda Chatman Thomsen, Director, Division of Enforcement, Speech: Options Backdating: The Enforcement Perspective, Washington, D.C. (October 30, 2006)
- Conrad Hewitt, Chief Accountant, Letter from Chief Accountant to Lawrence Salva, Chairman, Committee on Corporate Reporting, Financial Executives International and Sam Ranzilla, Chairman, Center for Public Company Audit Firms, American Institute of Certified Public Accountants concerning accounting for stock options in the historical financial statements of public companies (September 19, 2006)
- John W. White, Director, Division of Corporation Finance, Speech: The Principles Matter: Options Disclosure, Washington, D.C. (September 11, 2006)
- Linda Chatman Thomsen, Director, Division of Enforcement, Testimony Concerning Executive Compensation and Options Backdating Practices, before the U.S. Senate Committee on Finance, Washington, D.C. (September 6, 2006)
- Linda Chatman Thomsen, Director, Division of Enforcement, Speech: Remarks at Press Conference on Actions Against Brocade Communications Systems, Inc., San Francisco, California (July 20, 2006)
Non-SEC Documents Related to Options Backdating
- Broadcom Co-Founder Pleads Guilty to Making False Statement to the SEC in Backdating Investigation, Press Release from the United States Attorney's Office, Central District of California, June 23, 2008
- Former Broadcom CEO Henry Nicholas and Former CFO Indicted in Massive Stock-Options Backdating Case, Press Release from the United States Attorney's Office, Central District of California, June 5, 2008
- Former Chief Operating Officer and President of Monster Worldwide, Inc. Charged With Securities Fraud and Conspiracy in Connection With Backdating of Stock Options, Press Release from the United States Attorney's Office, Southern District of New York, April 30, 2008
- Former Mercury Interactive CFO Indicted in Stock Options Backdating Scheme, Press Release from the United States Attorney's Office, Northern District of California, April 22, 2008
- Brocade Vice-President, Stephanie Jensen, Sentenced to 4 Months in Prison and a $1.25 Million Fine, Press Release from the United States Attorney's Office, Northern District of California, March 19, 2008
- Former Chief Financial Officer of SafeNet, Inc. Sentenced to 6 Months in Prison for Securities Fraud in Connection With Backdating of Stock Options, Press Release from the United States Attorney's Office, Southern District of New York, January 28, 2008
- Former Chief Executive Officer of Monster Worldwide, Inc. Charged With Stock Options Backdating, Press Release from the United States Attorney's Office, Southern District of New York, January 23, 2008
- Reyes, former CEO of Brocade Communications Systems, Sentenced to 21 Months Imprisonment and $15 Million Fine, Press Release from the United States Attorney's Office, Northern District of California, January 16, 2008
- Former Vice President for Human Resources of Brocade Communications Systems Convicted in Stock Options Trial, Press Release from the United States Attorney's Office, Northern District of California, December 5, 2007
- Former Broadcom Vice-President Agrees to Plead Guilty to Obstruction of Justice in Stock Backdating Probe, Press Release from the United States Attorney's Office, Central District of California, November 29, 2007
- Former Chief Financial Officer of SafeNet, Inc. Pleads Guilty to Securities Fraud in Connection With Backdating of Stock Options, Press Release from the United States Attorney’s Office, Southern District of New York, October 5, 2007
- Former CEO of Brocade Communications Systems, Inc. Convicted of Securities Fraud for Backdating Option Grants, Press Release from the United States Attorney’s Office, Northern District of California, August 7, 2007
- Former Chief Financial Officer of Safenet, Inc. Charged in Connection With Backdating of Stock Options, Press Release from the United States Attorney’s Office, Southern District of New York, July 25, 2007
- Former Chief Executive Officer of Brooks Automation Charged With Backdating Exercise of Stock Options, Press Release from the United States Attorney’s Office, District of Massachusetts, July 26, 2007
- Former McAfee General Counsel Indicted for Stock Options Backdating, Press Release from the United States Attorney, Northern District of California, February 27, 2007
- Former General Counsel of Monster Pleads Guilty to Securities Fraud in Connection With Backdating of Stock Options, Press Release from the United States Attorney, Southern District of New York, February 15, 2007
- DA Morgenthau Announced the Conviction by Guilty Plea of Founder and Former Chairman and Chief Executive Officer of Take-Two Interactive Software, Inc. on Charges of Falsifying Take-Two’s Records to Backdate Stock Option Grants, News Release of the New York County District Attorney, February 14, 2007
- William F. Sorin, Former General Counsel of Comverse Technology, Inc. Pleads Guilty to Securities Fraud Charge, Press Release of the United States Attorney’s Office, Eastern District of New York,, November 2, 2006
- David Kreinberg, Former CFO of Comverse Technology, Inc. Pleads Guilty to Securities Fraud Charges, Press Release of the United States Attorney’s Office, Eastern District of New York, October 24, 2006
- Jacob “Kobi” Alexander, Former CEO of Comverse Technology, Inc. Apprehended in the Republic of Namibia, Press Release of the United States Attorney’s Office, Eastern District of New York, September 27, 2006
- Former Executives of Comverse Technology, Inc. Charged With Backdating Millions of Stock Options and Creating a Secret Stock Options Slush Fund, Press Release of the United States Attorney’s Office, Eastern District of New York, August 9, 2006
- U.S. Attorney’s Office and SEC Separately Charge Former Brocade CEO and Vice President In Stock Option Backdating Scheme, Press Release United States Attorney’s Office, Northern District of California, July 20, 2006
http://www.sec.gov/spotlight/optionsbackdating.htm
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