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

SEC files charges in Apple back-dating case

Former executives under the spotlight

Shaun Nichols in California

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.

Advertisement

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.

  • Have your say
  • Send to a friend
  • Print
  • Digg
  • Reddit
  • Share

Tags:

Do you agree?

Related whitepapers

Related jobs

Most watched

Xperia X1

Video Review: Sony Ericsson Xperia X1

First Looks Editor Ian Williams gets hands on with the Sony Ericsson Xperia X1

iPhone

Video Review: iPhone 3GS

We put Apple's latest iPhone through its paces

IT white papers

Search white papers

Top categories

Poll

Poll: Summer smartphones

Poll: Summer smartphones

Which smartphone will you be taking to the beach this summer?

View poll results

Advertisement

Advertisement

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Enter email address to edit your newsletter preferences

Job of the week

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Hiring now on ComputingCareers:

Related IT jobs

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Spotlight

a padlock

Microsoft to plug security holes

Microsoft has given advance warning of a number of security...

Nokia handset

Top 10 articles, 10 July 09

No Nokia Android phone, ActiveX attacks and Google enters into...

Can Google beat Microsoft at its own game?

Google's announcement this week that it plans to step into...

iPhone

Video Review: iPhone 3GS

We put Apple's latest iPhone through its paces

Primary Navigation