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Former Apple General Counsel Settles Backdating Charges

SetteB.IT and BusinessWeek report on Nancy Heinen's settlement with the Security and Exchange Commission (SEC) on the backdating investigation.

The SEC said that company records pertaining to a grant of 4.8 million options to Apples senior executive team in February of 2001, and a grant of 7.5 million shares made to CEO Steve Jobs in December of 2001 had been altered to conceal what it called a fraud. The result was that Apple underreported its stock-related expenses by nearly $40 million.

The SEC had previously settled with Apple CFO Fred Anderson and had cleared Steve Jobs of any wrongdoing in the matter.

The settlement terms included a payment of $2.2 million in repayment, interest and penalties and she is barred from service as an officer in a public company for five years. She did not admit or deny any wrongdoing in the matter. This should draw the a close to investigations surrounding Apple's backdating controversy.

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46 months ago

WASHINGTON (Reuters) - Former Apple Inc (NasdaqGS:AAPL - News) general counsel Nancy Heinen has agreed to pay $2.2 million to settle options backdating charges, the U.S. Securities and Exchange Commission said on Thursday.

Heinen also agreed to be barred from serving as an officer or director of a public company for five years. She settled the case without admitting or denying the charges, the SEC said.

The charges relate to two large options grants to senior executives of Apple, including a grant to Chief Executive Steve Jobs of 7.5 million options in December 2001.

Apple, the fast-growing consumer electronics company, was also investigated for irregularities over its accounting for stock options awarded to employees.

The SEC later cleared the company after it cooperated with the investigation, but sued former Apple Chief Financial Officer Fred Anderson and Heinen.

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http://biz.yahoo.com/rb/080814/apple_backdating.html
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46 months ago
I presume this is good news of a sort for SJ.
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46 months ago
The SEC never seemed to be particularly interested in Jobs beyond questioning him. The focus of the investigation always appeared to be on Heinen and Anderson.
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46 months ago
I hope this is the end of it.
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46 months ago
This was displayed on the news ticker in the square at Canary Wharf in London tonight so I guess it must be big news in the Finance industry.
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46 months ago
But why would they settle if they didn't do anything wrong? Won't someone stand up and protect the innocent?
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46 months ago
Really smart move, backdating those options. Greed does wonderful things. :rolleyes:
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46 months ago

Really smart move, backdating those options. Greed does wonderful things. :rolleyes:

Greed?
I doubt it.
You think Apple did this on purpose?
I call it cumbersome and confusing SEC regs. Just like the IRS.
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46 months ago

Greed?
I doubt it.
You think Apple did this on purpose?

Of course not! The myriad of tax attorneys and accounts that they have-- well they just don't know any more than us commoners. When confused-- don't ask questions, just backdate it! :D
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46 months ago
No, it's greed alright. Backdating options is a way of putting cash in pockets without having to report it to the stockholders.
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