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Aktienoptionen: Ergebnisse von Apples interner Untersuchung [Update_3]

Apples interne Untersuchung über die Vergabe von Aktienoptionen brachte laut Pressemitteilung folgende Erkenntnisse: Insgesamt 15-mal wurden Aktienoptionen zwischen 1997 und 2002 rückdatiert, es konnte allerdings kein Fehlverhalten beim derzeitigen Management festgestellt werden. «In a few instances, Apple CEO Steve Jobs was aware that favorable grant dates had been selected, but he did not receive or otherwise benefit from these grants and was unaware of the accounting implications.» In Folge dessen verlies Ex-Finanzchef Fred Anderson seinen Verwaltungsratsposten und Steve Jobs entschuldigt sich öffentlich: «"I apologize to Apple's shareholders and employees for these problems, which happened on my watch. They are completely out of character for Apple. We will now work to resolve the remaining issues as quickly as possible and to put the proper remedial measures in place to ensure that this never happens again."»
Update: «"The risk was that if something bizarre happened and Steve Jobs got fired over it," Munster said from his office in Minneapolis. "That could have significantly impacted the company in a negative way. Steve Jobs is Apple. Ultimately, the scope of the backdating was bigger than we thought, but the impact turned out to be less severe."[...] Apple spokesman Steve Dowling said the 15 grants represented 6 percent of the total issued during that period. He said he did not have further details regarding the specific grants or whether they were awarded to officers or employees.» Etliches bleibt allerdings unbeantwortet, Arik Hesseldahl fragt deshalb in der BusinessWeek: «Finally, who are the members of the three-person special committee that oversaw the investigation? Did it include Jobs himself, or close friends of his? Who is acting as outside counsel? Is it Wilson Sonsini Goodrich & Rosati, which is run by long-time Jobs advisor Larry Sonsini, who also sat on the board of Jobs' other company, Pixar Animation, before it was purchased by Disney?»
Update_2: "Apple will take a non-cash charge for options related compensation expense. In addition Apple will pay back taxes, which we estimate will be less than $50 million, which would be less than 0.6% of Apple's cash on the balance sheet", glaubt Piper Jaffray-Analyst Gene Munster laut TMO.
Update_3: AP: «Siegel and other lawyers say it doesn't appear that any criminal charges would result since prosecutors have to prove intent to commit fraud and Apple's disclosure did not suggest that was the case here. "Jobs' claim that he was 'unaware of the accounting implications' ... suggests that he may have made a good faith mistake in understanding the significance of the backdated options," said Scott Meyers, head of the litigation practice at Levenfeld Pearlstein LLC in Chicago. But even with an "inadvertent" mistake, civil repercussions could occur, Siegel said. They could range from a ruling prohibiting the executive or company from committing further violations to monetary fines.»

Posted by Leo at 04:26 | Permalink


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