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The AAO Weblog covers accounting issues and current events as they relate the practice of investment analysis. All posts prior to September, 2007 are in the public domain, but after September 4, only subscribers to The Analyst's Accounting Observer will see all posts going forward. Only selected, occasional posts will be released to the public domain from September 4 forward.

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More Option Action
Location: BlogsAAO Weblog (Public)    
Posted by: Jack Ciesielski 6/2/2008 4:21 AM

Last Friday, the SEC settled charges with Analog Devices over fraudulent misstatement of income for the year 1998 through 2002.

As is the tradition in these cases, the company neither admitted or denied its wrongdoing - and the same goes for the CEO Jerald Fishman, who had been charged along with the company. Analog escapes with a $3 million civil penalty; Fishman, a $1 million civil penalty and a disgorgement of $450,000, plus prejudgment interest of $42,110. The disgorgement is the amount of "in-the-money" benefit that accrued to Fishman from selling stock obtained through a backdated option grant.

The amount of understated compensation expense in the period relating to three grants: $30.7 million pretax, $21.8 million aftertax. The company also had a shoddy practice of granting options just before the release of favorable public information  - and this was not a basis for the actions against the company, because the practice predated 2006 proxy disclosure rules that required disclosure of grant practices. Slimy, nonetheless.

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