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Stock option backdating 2016

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For example, assume that on January 1, 2014, a company's stock is selling for per share.

Also assume that the company's chief executive officer (CEO) is given a 4-year option grant covering the period from January 1, 2012, to January 1, 2016, and that on January 1, 2012, the stock was selling for per share.

"Backdating" the option grant by 2 years in this instance allows the CEO to purchase the stock at , rather than at the current per share price, thereby locking in an automatic profit.

Option backdating is legal, provided the backdating is clearly communicated to stockholders and as long as the effect of the backdating is properly reflected in both earnings reports and tax payments.

Tyco successfully sued Kozlowski, who had been convicted and jailed in 2005 for the massive fraud.

When the SEC went after William Mc Guire of Health South, it had only the highly controversial and relatively untested clawback provisions of the Sarbanes-Oxley Act of 2002.

Mc Guire’s case, for undeserved gains obtained by falsely dating his grants to maximize his profit, was the most egregious of all the stock-option-backdating suits.

The defendant had been arrested in Namibia in September 2006 after a global manhunt. Department of Justice did not immediately respond to a request for comment.

He had long been fighting extradition to the United States, where he was indicted on 35 charges that included securities fraud, money laundering and obstruction. In connection with a 2009 settlement of a lawsuit by Comverse investors, Alexander agreed to pay million to the software developer and waive more than million of claims against it. Comverse was bought out in 2013 by a former unit, Verint Systems (vrnt).

These led to numerous civil and criminal enforcement actions that helped change those practices, they say, despite some high-profile stumbles by prosecutors in recent months.

At its height, the backdating scandal touched dozens of local companies that came under federal investigation or launched their own accounting reviews, which led in some cases to firings, earnings restatements and shareholder lawsuits.