More corporate shennanigans - backdating stock options

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In summary, the Department of Justice and Securities and Exchange Commission have brought the first criminal charges in the stock options backdating probe, with former Brocade Communications executives facing charges. This is just the beginning of a crackdown on companies accused of backdating stock options, with over 80 companies being investigated. Backdating options is legal, but the coverup or failure to disclose it is illegal. Those involved may be required to return any money received from backdated options. This is a similar topic to the Enron scandal and raises questions about government regulation and oversight of businesses. The case in question involves allegations of fraud, where a legal document was falsified regarding the selection and timing of stock options.
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Backdating charges filed
http://marketplace.publicradio.org/shows/2006/07/21/AM200607216.html

The Department of Justice and the Securities and Exchange Commission have brought the first criminal charges in the expanding stock options backdating probe. John Dimsdale reports.

CHERYL GLASER: Here at home, US regulators have started their crackdown on companies accused of backdating stock options. Two former executives with Brocade Communications were charged yesterday, as John Dimsdale reports

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JOHN DIMSDALE: Gregory Reyes is the first former chief executive brought up on criminal charges of fraudulent dating of stock options. But he's unlikely to be the last.

Federal investigators say they're looking at some 80 companies accused of changing the dates on stock option offers to benefit employees.

Research by Indiana University professor Randall Herron found more than two thousand companies manipulated option dates going back to 1995.
Anyone who might have taken options, or if one has received backdate options from one's company, one may wish to follow this story.

Whether or not 'backdating' is legal or not is still to be resolved. The coverup or failure to disclose the backdating is illegal.

Companies who have backdated shares or individuals who have received income from such shares may be required to return the money.

This may belong with the Enron thread. It is a similar topic concerning government regulation and oversight of businesses.
 
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Astronuc said:
Whether or not 'backdating' is legal or not is still to be resolved. The coverup or failure to disclose the backdating is illegal.

Backdating options is entirely legal. Coverup isn't a legal term. Sarbanes-Oxley places certain disclosure requirements pertaining to options, but the case here concerns disclosed criteria for selecting the strike price and actual selection. Put it simply, this is an alleged case of someone who, in a legal document concerning a securities transaction, falsely claimed they were going to do this and that and receive this and that at such and such time. Aka, good ole'fashioned fraud.
 
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I am concerned about the issue of backdating stock options and the potential impact it can have on the financial markets and the economy as a whole. This kind of corporate shenanigans not only undermines the integrity of the financial system, but it also erodes public trust in businesses and their leaders.

The fact that there are over 80 companies under investigation for backdating stock options is alarming. It raises questions about the effectiveness of regulatory oversight and the need for stricter enforcement and penalties to deter such fraudulent practices.

Moreover, the research finding that over 2000 companies have manipulated option dates in the past two decades is concerning. It is essential for companies to adhere to ethical and legal standards in their financial reporting and to disclose any discrepancies or manipulations accurately.

I believe that individuals and companies involved in backdating stock options should be held accountable for their actions and face consequences for their wrongdoing. It is crucial for companies to have transparency and accountability in their financial practices to maintain the integrity of the financial system and protect investors.

In conclusion, the issue of backdating stock options is a serious matter that requires prompt and thorough investigation and appropriate action taken against those involved. I hope to see increased efforts towards preventing and punishing such fraudulent practices to ensure a fair and stable financial system.
 

Related to More corporate shennanigans - backdating stock options

1. What is backdating of stock options?

Backdating of stock options refers to the practice of assigning a stock option grant a date in the past, instead of the current date. This is usually done to make the option more valuable for the recipient.

2. Is backdating of stock options illegal?

Backdating of stock options can be illegal if it is not properly disclosed and reported to the Securities and Exchange Commission (SEC) and shareholders. It can also be considered illegal if it is used to deceive investors or manipulate stock prices.

3. How does backdating of stock options benefit companies?

Backdating of stock options can benefit companies by making the options more attractive to potential employees or executives. It can also help to retain current employees by giving them a financial incentive to stay with the company.

4. What are the consequences of backdating stock options?

The consequences of backdating stock options can vary depending on the circumstances. In some cases, it can result in legal action and penalties from the SEC. It can also damage a company's reputation and lead to a loss of investor confidence.

5. How can companies prevent backdating of stock options?

To prevent backdating of stock options, companies should have strict policies and procedures in place for granting stock options. These policies should be transparent and disclosed to shareholders. Companies should also have independent oversight and review of stock option grants to ensure compliance with regulations.

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