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Ex-Apple CFO Blames Backdating on Jobs

Slimy   on 24 April 2007 - 23:40 · 27 comments & 8779 views

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Apple CEO Steve Jobs told former Chief Financial Officer Fred Anderson to backdate stock options, according to a statement issued Tuesday by Anderson's attorney. The U.S. Securities and Exchange Commission reached a settlement with Anderson in the stock-options case and also charged former Apple general counsel Nancy Heinen with fraudulently backdating options. An internal Apple audit found that Jobs was aware of the backdating, but that he did not financially gain from it and did nothing wrong.

According to Anderson, he was told by Jobs in late January 2001 that Jobs had an agreement with the board of directors to grant stock options on January 2. Anderson "cautioned" Jobs that the grant for executives would have to be priced based on the date of the board agreement "or there could be an accounting charge," and also told Jobs the board would have to confirm it had given prior approval for the grant dates "in a legally satisfactory method." Jobs assured him that the board had given approval and Anderson "relied on these statements by Mr. Jobs and from them concluded the grant was being properly handled.” According to the SEC case filed today in U.S. District Court for the Northern District of California, both Heinen and Anderson personally received millions of dollars in unreported compensation through the backdating.

Link: Forum Discussion (Thanks Eros)
News source: PC World

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(1 reply) #1 RaisinCain on 24 Apr 2007 - 23:44
Stevie's going to jail.
#1.1 lbmouse on 25 Apr 2007 - 03:46
He won't go to jail (like Dubya and Cheney$ should for war crimes) but he should explain his intentions about backdated stock options. Crap like this only hurts consumers like you and I... and the industry we love.
(4 replies) #2 Xero on 24 Apr 2007 - 23:45
Big surprise, if it was Job's fault they would have found it in the endless investigations they did and over the past months. I think hes just ticked off he has to pay 3.5 mil. But who wouldn't.
#2.1 pixels on 25 Apr 2007 - 00:11
Exactly what I was thinking. This would have been discovered long ago, and not straight from the accused's mouth, but rather from the investigators. I won't believe this until there is an official word corroborating it.
#2.2 MrCobra on 25 Apr 2007 - 00:19
I find it funny that Jobs was investigated for this on more than one occasion. A little fishy.
#2.3 episode on 25 Apr 2007 - 05:15
Quote - (Xero said @ #2)
Big surprise, if it was Job's fault they would have found it in the endless investigations they did and over the past months. I think hes just ticked off he has to pay 3.5 mil. But who wouldn't.


3.5m is nothing compared to his total worth.
#2.4 Xero on 25 Apr 2007 - 15:06
I never said that was all his money, but even Gates would be ****ed to have to spend 3.5 mil.
#3 bibutteryboy on 24 Apr 2007 - 23:53
Nooooooooo! Tell me it ain't so! Not the grand Poobah Steve Jobs. He wouldn't do anything wrong...would he?
I mean, I can understand him raping his userbase for ungodly amounts of cash for his products. I can understand him keeping his music store incompatable with other standards. I can even understand him keeping the much touted iphone locked but to do something like this??? I can't belie......wait ammminit!
(1 reply) #4 naap51stang on 25 Apr 2007 - 00:09
That would just crack me up to see Jobs in jail. He's screwed so many for so many years, it would be funny to
see him getting screwed. He is just the same as Bill G, but at least he is giving some of his money away.
#4.1 MrCobra on 25 Apr 2007 - 00:21
If he were to go to jail, it would be a luxury hotel.
#5 BigBoy on 25 Apr 2007 - 00:24
I think he'd survive in jail as long as he had unlimited supply of black turtlenecks and an iPod!

But seriously - if this is really true - it is a shame, and he deserves to go to jail.
#6 LTD on 25 Apr 2007 - 00:31
Don't be so naive, people.

There has been no ruling against Jobs. In fact, Jobs has ridden this thing out quite well so far. At this point, he's still in the clear. This can change, but let's not get ahead of ourselves.

All we have is an ex-CFO trying to (surprise, surprise! blame the next guy up in the chain of command. "I was following orders." It's a classic move.

Besides the S.E.C. presumably heard everything the former CFO says here many months ago, and its actions speak more loudly than Fred's words. They are making him pay $3.65 million restitution and fines, and declining to pursue a case against anyone else at Apple but Nancy Heinen.

So Fred probably did *something* ill-advised, at some point, though from that brilliantly written statement you would never guess it.

BUT . . . there is another possibility: Fred was used to get the goods on Steve - a classic prosecutor move. In which case, Steve might have a bigger problem, regardless of what the SEC had said earlier about letting Steve off the hook.

It'll be interesting, but I still think Steve will remain in the clear. We'll see . . .

Last edited by LTD on 25 Apr 2007 - 00:50
#7 Express on 25 Apr 2007 - 00:36
The Apple board members said that Jobs had nothing to do with the back-dating.
So if the CFO is right then all board members have lied so they go to jail not stevie.

I know this logic is full of holes. But I am no lawyer.
#8 thornz0 on 25 Apr 2007 - 01:02
i read this as

"i knew it was wrong, i did it anyways, but its the other guys fault"
(3 replies) #9 theyarecomingforyou on 25 Apr 2007 - 01:03
I don't really care whether Jobs is guilty or not - he is irritating and that, by my logic, is enough reason to send him to jail.
#9.1 NateB1 on 25 Apr 2007 - 02:56
Quote - (theyarecomingforyou said @ #9)
I don't really care whether Jobs is guilty or not - he is irritating and that, by my logic, is enough reason to send him to jail.


I dislike Jobs myself, but being irritating is definitely no reason to go to jail. If Jobs did no wrongdoing, he should not be punished.
#9.2 machorro on 25 Apr 2007 - 04:25
Quote - (theyarecomingforyou said @ #9)
I don't really care whether Jobs is guilty or not - he is irritating and that, by my logic, is enough reason to send him to jail.


your comment is irritating so by your logic, you should go to jail...
#9.3 theyarecomingforyou on 26 Apr 2007 - 01:15
Quote - (NateB1 said @ #9.1)
but being irritating is definitely no reason to go to jail.

I dunno... it seems as good a reason as any. I also think they should lock up fat people and then only feed them a regular diet until they lose weight - that way prison could become like a glorified health farm. Yup. Unfortunately I'm not in charge of the prison service / police.
(1 reply) #10 ir0nw0lf on 25 Apr 2007 - 01:13
Time for Jobs to crank up the RDF (Reality Distortion Field) and make everyone forget this ever happened!
#10.1 Xero on 25 Apr 2007 - 03:23
Codenamed iPhone..
(4 replies) #11 z0phi3l on 25 Apr 2007 - 09:52
What's with all the MAc, and Jobs hate lately on Neowin?
#11.1 Cheruman on 25 Apr 2007 - 12:55
Quote - (z0phi3l said @ #11)
What's with all the MAc, and Jobs hate lately on Neowin?
#11.2 MountainSnake on 25 Apr 2007 - 14:00
Hummm... because mac users think they are superior? And have arrogant attitude, and think their OS is the best, and so on, and so on...
#11.3 Xero on 25 Apr 2007 - 15:08
No, because this isn't a Windows only site, this is a technology site, by your logic we shouldn't post anything about intel, amd, ati, nvidia, ps3, xbox, ect.

Get a life especially MountainSnake, probably because windows users think they are always right and their OS is the best thing since sliced bread and no other OS could possibly be better than the all mighty Vista, and so on, and so on....
#11.4 C_Guy on 25 Apr 2007 - 21:47
It's not so much Mac or Jobs hating as it is arrogance and hypocricy hating. The comments on Neowin used to make very interesting discussion... but too many discussions degenerate into the tiresome Mac vs. Microsoft battle. It's one thing to discuss actual events and corporate behaviour and another for the fanboys and girls to flame each other.

Anyway, in this case, Steve just can't get his story straight. When this first popped up he said he didn't know anything about it and was sorry it happened "on his watch". But an Apple investigation turns up that Steve actually knew all along. This is what's known as "lying" and yet another reason why Apple's business practices are shamefully unprofessional.
(1 reply) #12 Eros on 25 Apr 2007 - 13:04
Disney also found backdating Pixar stocks. So dont say that, Steve Jobs dont know anything about Pixar also..

http://www.neowin.net/index.php?act=view&id=38912
#12.1 Xero on 25 Apr 2007 - 15:09
Yes, and Jobs was also cleared of being involved with Pixar. SEC cleared Job's for a reason.

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