APPLE: JOBS KNEW ABOUT STOCK OPTION BACK DATING
October 9, 2006
Apple Computer, Inc.'s Form 8-K dated October 4, 2006 | www.sec.gov
Apple Computer today (October 4, 2006) acknowledged that its Founder/CEO Steve Jobs was aware of certain instances of stock option backdating prior to fiscal 2003. While likely to be sanctioned by the SEC, I currently believe, as a former SEC Assistant Chief Accountant, that Jobs will likely be able to retain his director and officer roles.
BARNES & NOBLE – STOCK OPTION BACKDATING INVESTIGATIONS
August 30, 2006
DOJ Subpoenas Barnes & Noble | www.cfo.com
Barnes & Noble acknowledges that it is the subject of civil and criminal investigations of possible stock option backdating violations by the U.S. Securities and Exchange Commission (“SEC”) and U.S. Attorney for the Southern District of New York (“DOJ”), respectively. Any stock analysts that follow Barnes & Noble must hope for the best but prepare for the worst!
KB HOME – STOCK OPTION BACKDATING INVESTIGATION
August 30, 2006
SEC Probing KB Home | www.cfo.com
KB Home acknowledges that it is the subject of a civil investigation of possible stock option backdating violations by the U.S. Securities and Exchange Commission (“SEC”). As with similar stock option backdating investigations of other companies, the SEC’s investigation will likely trigger a corresponding investigation by the U.S. Department of Justice (“DOJ”). Thus, any stock analysts that follow KB Home must hope for the best but prepare for the worst!
August 21, 2006
Molex Executives Agree to Repay Gains on Options | online.wsj.com
Molex’s recent admission to misdated stock options would seem to indicate that its corporate governance and internal controls still leave much to be desired. Accordingly, stock analysts need to seriously look beyond the metrics!
SEC BARS MARTHA STEWART FROM BOARD ROOM & CEO ROLE
August 7, 2006
Martha Stewart and Peter Bacanovic Agree to Settle SEC Insider Trading Charges | www.sec.gov
Among other civil sanctions imposed by the SEC, Martha Stewart is barred for five years from serving as a director, CEO or CFO for any public company, including Martha Stewart Living Omnimedia Inc. (NYSE: MSO).
OPERATING CASH FLOW MANIPULATION VIA ACCOUNTS PAYABLE
July 28, 2006
Fast Payments Hurt Tech Firm Cash Flows | www.cfo.com
Accounts payable practices have served as the most commonly used legal means of steering into (i) the cash and cash equivalent balance to be reported in a pending balance sheet and/or (ii) the cash flow provided by (used in) operating activities to be reported in a pending statement of cash flows. Analysts must be attentive to this long-standing practice of “window dressing” and adjust for it accordingly in their respective models.
SEC LIKELY TO PASS ON PAST INCIDENTS OF STOCK OPTION SPRINGLOADING
July 24, 2006
Speech by SEC Commissioner Atkins:Remarks Before the International Corporate Governance Network 11th Annual Conference | www.sec.gov
As a former Assistant Chief Accountant in the SEC’s Division of Corporation Finance, I have expressed publicly over the last few months my belief that it is “more likely than not” that the SEC will substantially pass on historical incidents of stock option springloading. The recent public comments of SEC Commissioners Glassman and Atkins seemingly validate my suspicion that they will align with Chairman Cox, as a Republican majority voting block, and opt for a prospective remedy to springloading.
MANY “OPERATING” LEASES TO GO ON THE BOOKS…ITS ABOUT TIME!
July 20, 2006
Up for Overhaul: Lease Accounting | online.wsj.com
If they do not already do so, analysts need to begin proactively adjusting their models to reflect the assets and liabilities underlying “operating” leases onto the books of the companies they follow. It is no longer a question as to whether many current operating leases will go onto the books, its merely a question of when and how many!
Directors' Wallets Increasingly At Risk!
July 7, 2006
Mercury Gets Warning of Possible Charges | online.wsj.com
As a former Assistant Chief Accountant in the SEC’s Division of Corporation Finance, I believe that members of the boards of directors of U.S. public companies have always been potentially at risk for civil sanctions. The real news is that beginning with Enron the SEC has increasingly insisted as part of any settlements with directors that they agree not to request indemnification from the company or its insurers for part or all of the imposed civil monetary sanctions.
July 6, 2006
A Casual Turnaround | www.cfo.com
Turning around a specialty retail like Casual Male Retail Group requires focus on cash flow, reducing cost and most importantly finding a way to grow revenue. As this case example shows investing in CRM systems to better target customer needs, can result in revenue and profit growth.
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