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About

Stock option backdating scandal could grow: report

In addition to announcing the retirement of CEO Bill McGuire, the company also says a board member and the company's general counsel will retire. Both McGuire and his replacement have agreed to reprice their stock options to eliminate any gain from backdating. Backdating involves using the benefit of hindsight to select the effective date and price of an option. Choosing a date back when the share price was lower makes the option more profitable if the company's share price rises. The upheaval at UnitedHealth Group comes a few days after the company's board members saw the damning conclusions of an investigation by an outside law firm looking into backdating.

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In essence, the revision enabled companies to increase executive compensation without informing their shareholders if the compensation was in the form of stock options contracts that would only become valuable if the underlying stock price were to increase at a later time. The problem with this practice, according to the SEC, was that stock option backdating, while difficult to prove, could be considered a criminal act. One of the larger backdating scandals occurred at Brocade Communications , a data storage company. It allegedly failed to inform investors, or account for the options expense s properly. In the modern business world, the Sarbanes-Oxley Act has all but eliminated fraudulent options backdating by requiring companies to report all options issuances within 2 days of the date of issue. District Court for the Northern District of California.

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The news, centered on the dubious awarding of stock options to Steve Jobs, prompts Apple share prices to fall. The Apple stock backdating backstory Backdating stock options refers to the practice of writing an agreement concerning the award of stock options to make it look like they were awarded earlier than they were. Backdating is legal so long as it is disclosed correctly. However, because Jobs continued to argue over the point at which they would vest, Apple missed the deadlines it needed to file the right information with the Securities and Exchange Commssion and its auditors. Because of how widespread the behavior was, it never presented a realistic possibility that Jobs would lose his, err, job as part of the scandal.

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McGuire out at UnitedHealth amid options scandal

Beginning in August , the U. Securities and Exchange Commission required companies to disclose their stock-option awards in Form 4 filings within two days of options grants to comply with Sarbanes-Oxley. Before that, companies did not have to report option grants for several weeks. The new regulations should have removed most opportunities for backdating. But Glass Lewis, in the report, said the SEC has not enforced the two-day filing rule, possibly leading to many more instances of backdating.

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