SEC files charges in Apple back-dating case

The SEC has not disclosed whether it intends to take further action against Apple

The US Securities and Exchange Commission (SEC) has formally filed charges in its investigation of stock-option grants at Apple Inc. 

Former Apple chief financial officer Fred Anderson and former general council Nancy Heinen were both charged.

No charges have been filed against the company itself, chief executive Steve Jobs or any other current employee or board member.

The SEC said that it would not pursue further charges against the company owing to the swiftness with which Apple launched an internal investigation and reported the findings to the SEC.

However. SEC associate regional director Marc Fagel told vnunet.com that he could not disclose whether the SEC is intending to take further action.

The charges stem from two grants given in 2001 to Jobs and Apple's executive team.

The SEC alleges that the options were back-dated in order to provide the executives with a more favourable purchase price, and that documents were then falsified in order to hide the practice from shareholders.

The SEC said that Anderson has already agreed to a settlement in which he will pay back $3.5m received from the grants plus interest, along with $150,000 in penalties. Anderson will not need to admit to any wrongdoing in the case.

The SEC's legal filing against Heinen alleges that the former general council "caused the options to be back-dated and altered company records to conceal the fraud".

It is also alleged that Heinen falsified records of a board meeting which did not take place.

The SEC is seeking monetary penalties from Heinen as well as an order barring the former Apple general counsel from serving as an officer or director for a public company.

Anderson claimed that he acted with the direct approval of Jobs. In a written statement, Anderson's attorney said that the former CFO tried to warn Jobs of the implications of back-dating stock options and was told that the grants were legal.

Apple had no comment on the report other than pointing out that the company will face no SEC action and that no current employee has been charged.

A 2006 internal audit found no wrongdoing by Jobs or any other current employee or board member.