Slashdot Mirror


Apple Announces More Options Troubles

fremen writes "Apple today announced that they will be withdrawing their financial reports back to September 29, 2002 and delaying the filing of future reports after finding more backdated options problems. Companies backdate their stock options by looking back over a period of time and choosing a historical low as the option strike price. While not illegal, this must be fully disclosed to investors and properly accounted. Expect more uncertainty in the coming weeks as regulators must now uncover how much of Apple's record profits were incorrect as well as whether or not Steve Jobs will be able to continue leading the company."

159 comments

  1. Steve Jobs leading Apple by the+cleaner · · Score: 2, Interesting
    What could stop him in the long run?

    I mean, if he has leave, he's just going to come up with something bright and new (not "NeXT" this time, I vote for "TheOneAfter"), which is then going to be bought by Apple after a few years... :-)

    --
    Could be worse. Could be raining.
    1. Re:Steve Jobs leading Apple by alphasubzero949 · · Score: 3, Interesting

      What could stop him in the long run?

      His milking of the Mac for all its worth. Then he'll have to move on to the next big thing.

    2. Re:Steve Jobs leading Apple by Duds · · Score: 1, Insightful

      Being legally prevented from being a director of any company would do the trick and is a distinct possibility.

    3. Re:Steve Jobs leading Apple by Schraegstrichpunkt · · Score: 1, Redundant

      Does the CEO of a company (or any officer for that matter) have to be a director? I was under the impression that the directors of a company could appoint nearly anyone they want as CEO.

    4. Re:Steve Jobs leading Apple by iiioxx · · Score: 2, Insightful
      Being legally prevented from being a director of any company would do the trick and is a distinct possibility.
      The Securities and Exchange Commission has jurisdiction only over publicly traded companies. They could not prevent Steve Jobs (or anyone) from founding a company and sitting on it's Board or executive management team, so long as that company remained privately held and did not make a public stock offering.
    5. Re:Steve Jobs leading Apple by ThePhilips · · Score: 3, Informative

      Provided that would be found any serious problems and Jobs would be found to be related to the problems.

      For financial stuff public companies have CFOs - chief financial officer. It's not responsibility of CEO to overview SEC reports - it's responsibility of CFO.

      In other words, I beleive Peter Oppenheimer (?, if Google's not lying) as current Apple CFO has more to lose.

      --
      All hope abandon ye who enter here.
    6. Re:Steve Jobs leading Apple by deekline+wizard · · Score: 0, Flamebait

      Fair enough. That's parasitic behaviour and today it's rewarded mostly anywhere you go. How can we fix this?

    7. Re:Steve Jobs leading Apple by cpt+kangarooski · · Score: 2, Informative

      The Securities and Exchange Commission has jurisdiction only over publicly traded companies.

      That is not true. Any securities traded in the US fall under their jurisdiction. They just tend to be more interested in companies that are, or are going, public.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Steve Jobs leading Apple by indifferent+children · · Score: 3, Insightful

      As I understand it (IANAL, IANAA) Sarbanes-Oxley changed this. Now the CEO is required to sign a statement that the companies' financial reports are correct.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    9. Re:Steve Jobs leading Apple by Total_Wimp · · Score: 3, Insightful

      Steve Jobs leading Apple

      What could stop him in the long run?

      The article insinuates that regulators can stop him. I doubt that's true. Unless the numbers are Enron-like, the board is very unlikely to dump him. My take on the article is that the overstatement of profits is significant, but not as significant as Steve Jobs leadership.

      TW

    10. Re:Steve Jobs leading Apple by NDPTAL85 · · Score: 1

      Thats only for stuff post Sarbanes-Oxley. Steve didn't even return to Apple until around 2000.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    11. Re:Steve Jobs leading Apple by Anonymous Coward · · Score: 0

      Of course, you're not selling any securities if you're a private company, so the GP is correct.

    12. Re:Steve Jobs leading Apple by toleraen · · Score: 4, Insightful

      The article insinuates that regulators can stop him. I doubt that's true.

      The regulators could stop him. But that's why Apple did the right thing and came forward about it, launched a third party investigation, and is trying to clear things up. The industry I work in sees something similar with export control violations. The governing agency is usually much lighter on penalties and such if you come forward about it. I imagine that the SEC operates in a similar manner. Getting audited and finding out Apple knew about it all along, but didn't do anything about it, would be far, far worse.

    13. Re:Steve Jobs leading Apple by cpt+kangarooski · · Score: 4, Informative

      Your post is also not true. The SEC has jurisdiction over all securities transactions. This includes both public and private offerings and actual transactions. When a private company grants stock, or even discusses granting stock, to private investors, employees, directors, etc. the SEC has authority over it and regulates it. The earlier poster is wrong, and so are you.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:Steve Jobs leading Apple by Ohreally_factor · · Score: 2, Funny

      How can we fix this?

      I'm glad you asked that question, Comrade deekline+wizard. We, the masses, must overthrow capatalists such as Jobs in a violent revolution, so that the means of production will be in the hands of the workers.

      --
      It's not offtopic, dumbass. It's orthogonal.
    15. Re:Steve Jobs leading Apple by Ohreally_factor · · Score: 2, Informative

      That's incorrect. Jobs "came back" to Apple when NeXT acquired Apple for -$400 million dollars in 1997.

      --
      It's not offtopic, dumbass. It's orthogonal.
    16. Re:Steve Jobs leading Apple by Anthony+Boyd · · Score: 2, Interesting

      Wow, no funny mods for alphasubzero949? Did nobody get that the milk comment is an allusion to something Steve Jobs said about 8 or 9 years ago? I think what Steve said was something like 'If I were in charge of Apple, at this point all I could do would be to milk the Macintosh for all it's worth, and sell the company off."

      -Tony

    17. Re:Steve Jobs leading Apple by The+Great+Pretender · · Score: 1

      No. Typically shareholders appoint the board, the board appoint the CEO. If a majority shareholder wants to be on the board they can appointment themselves and it gets even more confusing when that majority shareholder is also an employee. Bottomline is that the Board fire the CEO, if the CEO is on the Board they should recuse themselves from those discussions, but legally they don't have to and can vote themselves not to be fired.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    18. Re:Steve Jobs leading Apple by lerxstz · · Score: 2, Informative

      I think he said "...milk the Macintosh for all it's worth and move on to the next big thing" (IIRC)

      --
      I chose to end my comments, not with a rim shot, but a long decaying F#7sus4
    19. Re:Steve Jobs leading Apple by Anonymous Coward · · Score: 1, Informative
      My take on the article is that the overstatement of profits is significant


      Significant? How did you get that?

      The incorrect numbers in the profit calculations are from incorrect accounting for stock option grants because of dating. In other words some percentage of the option grant's cost wasn't accounted for correctly because of the stock value related to dating of the grant. The amount of impact this can have on prior quarter numbers is not significant, it simply cannot be due to how small relative to all other operating costs stock grants are. (granted some quarter it may affect more then others)

      This in all likelihood with show minor changes in quarterly profit numbers ... really a tempest in a teapot.
    20. Re:Steve Jobs leading Apple by rmcd · · Score: 1

      Suppose a company has one owner and one employee. The owner gives the employee 1% of the company as a bonus. What statute gives the SEC jurisdiction over this transaction?

    21. Re:Steve Jobs leading Apple by cpt+kangarooski · · Score: 1

      Assuming a non-public company, I'd say section 5 of the 1933 Securities Act. (Unless the interstate commerce language is relevant for once) The 1933 Act is unlikely to itself bear any exceptions that would avoid section 5. There may be some applicable rules such as Rule 506 or 701, but as those are SEC rules, I don't think we can say that they are uninvolved.

      N.b. that I'm not a securities lawyer, I just know enough to have a broad idea of what goes in certain transactions so that I can stay in the loop.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    22. Re:Steve Jobs leading Apple by rmcd · · Score: 1

      Thanks.

    23. Re:Steve Jobs leading Apple by afidel · · Score: 1

      I think this is only true after a certain dilution point. For instance this was one of the things that prompted Google to go public, they were going to be forced to file SEC filings anyways because the dilution of ownership has reached some threshold.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    24. Re:Steve Jobs leading Apple by cpt+kangarooski · · Score: 1

      No, that was that so many people had stock that they had to register. They were already under the authority of the SEC, however. Pretty much everyone is, right from the get-go.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  2. Isn't this an issue for the CFO by mgv · · Score: 4, Insightful

    Wouldn't this be an accounting issue, for the Chief Financial Officer, not the Chief Executive Officer (Jobs)?

    Michael

    --
    There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    1. Re:Isn't this an issue for the CFO by jkrise · · Score: 3, Informative

      It appears CEO Jobs was a possible beneficiary of a cancelled transaction, that's being admitted by Apple:

      Apple said in June that one of the stock option grants was to chief executive Steve Jobs, but it was subsequently canceled and resulted in no financial gain to Jobs.

      So this is an issue for the CFO AND the CEO as well.

      --
      If you keep throwing chairs, one day you'll break windows....
    2. Re:Isn't this an issue for the CFO by Ohreally_factor · · Score: 5, Insightful

      It's just another retarded slashdot tagline, except it doesn't have the question mark. Imagine the summary ending with "Are Steve Jobs' days at Apple numbered?" or "Will regulators force Jobs to resign from Apple?" to get the usual slashdot flavor.

      As far as your question goes, it depends on the extent of the scandal at Apple. All indications are that this is not that big a deal. It's not Enron, it's not Worldcom, it's not Tycho, it's not Adelphia. It's going to hurt Apple a little bit now, but they seem to be taking their medicine rather than covering up. Apple is the one coming forward with the information, not a whistle blower.

      Also, this isn't an isolated case, but part of a much wider phenomenon. A lot of companies in many industries have been engaging in this sleazy practice. A lot of them are coming clean. However, by the time the SEC actually does anything, this whole thing will be in the past for most companies (which is why the smart thing to do is to do your own internal investigation and come clean on your own).

      The only way that upper management will really get bitten in the ass is by shareholder lawsuits that hold them personally liable. I'm not too worried on Jobs' behalf on that score.

      At any rate, let's wait and see what the restatements are. Then we can see how much of a mountain or a molehill this will be.

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:Isn't this an issue for the CFO by bobdotorg · · Score: 3, Informative

      They're options, so cancelling them cannot result in a benefit to the issued party.

      --
      __ Someday, but not this morning, I'll finally learn to use the preview button.
    4. Re:Isn't this an issue for the CFO by Whiney+Mac+Fanboy · · Score: 0, Flamebait
      It's just another retarded slashdot tagline,

      No, its not. There's plenty of speculation outside of /. Look at this seekingalpha article:

      The risk for investors isn't only the reputational damage and potential fines; it's that CEO Steve Jobs may be forced to resign if it is proved that he knowingly took an option grant at below market prices. The stock impact would be dramatic because Mr Jobs has been responsible for turning around Apple over the last few years.

      Hard thing to prove I guess, but this is certainly a sad day for Apple.

      Also, this isn't an isolated case, but part of a much wider phenomenon.

      Please read this article, particularly:

      1) Everyone is NOT doing it. Even if another 200-300 companies come forward in the coming months as having committed some measure of backdating, that's but a small fraction of the overall public equity universe and hardly excuses the practice.

      2) Anything that misaligns company interests with that of its outside shareholders IS a big deal. While backdating wasn't technically illegal (as long as it was disclosed to shareholders and properly accounted for), the irregularities we're seeing are, at best, misaligning the motivations of management with outside shareholders and, at worst, far more nefarious. As a public equity investor, there is an implicit fiduciary responsibility that public company executives maintain a fairness to all their constituencies, backdating does not - in any way - do that.
      --
      There are shills on slashdot. Apparently, I'm one of them.
    5. Re:Isn't this an issue for the CFO by advocate_one · · Score: 0
      They're options, so cancelling them cannot result in a benefit to the issued party.

      it does result in a benefit... the "absence of a loss" happening that's what... they're a bet that you can't lose.

      With my company's employee share purchase scheme, I actually had to stump up money and buy them... I'm now sweating on our shares going back up above the offer price that I bought them at (that price was slightly lower than the current market price then but I have to hold them for a year first). These execs have it easy, they never have to commit any of their own money up front. So, if the price is down, they cancel the option and they're not out of pocket...

      I may cut my loses and sell mine anyway...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    6. Re:Isn't this an issue for the CFO by Anonymous Coward · · Score: 0

      yeah, not a big deal right?

      Just like the MAC is secured... http://blog.washingtonpost.com/securityfix/2006/08 /hijacking_a_macbook_in_60_seco_1.html

      Stupid MACBOI...

    7. Re:Isn't this an issue for the CFO by Ohreally_factor · · Score: 3, Insightful

      But the possibility of Jobs being forced out is miniscule at this point. A whole lot of things would have to happen, and a single disclosure of this lesser magnitude does not constitute that chain of events. So the speculation is just dumb. The seekingalpha article is dumb. And factually wrong.

      You will grant me, my dear Whiney, that I never said that everyone does it. I said it was a widespread problem. The two are not mutually exclusive. I hope you're not trying any of your jedi agitprop tricks with me! They won't work! (Don't try to put words in my mouth and I promise I won't try to put my dick into your mouth.) =)

      I never said this wasn't a serious matter. All I've said was that it was ridiculous to compare this to Enron or Worldcom.

      Is this some fucked up shit? Yeah.

      Is it some majorly fucked up shit? No.

      Anyway, it's a sad day for Apple, but I've seen much sadder. Unless the news gets a whole lot worse, I don't even think this counts as much of a stumble. Please don't misunderstand me, though. I don't want to lessen your joy on this occasion one iota, so long as it's based on reality. So laugh at the stupid clowns at Apple that fucked up. Cross your fingers in hopes that it will get worse. Just don't jump the gun!

      And as always, good to see you, hope your day is terrific, blah blah blah. =)

      --
      It's not offtopic, dumbass. It's orthogonal.
    8. Re:Isn't this an issue for the CFO by timster · · Score: 5, Insightful

      Regardless of that article, such speculation is ridiculously absurd at this point, though by now we should be used to ridiculous speculation regarding all things Apple. Also, this sentence:

      CEO Steve Jobs may be forced to resign if it is proved that he knowingly took an option grant at below market prices.

      is completely false. There is nothing wrong with taking an option grant at below market prices, and that isn't the issue here at all; the issue is whether such things were reported properly. Jobs would only be at risk if it were shown that he intentionally deceived investors about the level of compensation he was getting.

      My speculation? Most likely Jobs didn't determine the details of his compensation personally, and the person who did made a mistake. Options dating wasn't at the top of anyone's mind two years ago, and the impact on Apple's reported earnings is probably not much more than noise. Investors who sell now are being hasty as the situation is unlikely to change in any material way.

      This WILL be a big deal at smaller companies where the options dating issue results in significant changes to the bottom line, but it's hard to imagine this being the case at Apple.

      --
      I have seen the future, and it is inconvenient.
    9. Re:Isn't this an issue for the CFO by Ramtek · · Score: 0, Troll

      Ok, how about the WSJ article from this morning. You guys who are defending him are crazy. "Apple wouldn't say which grant to Mr. Jobs was at issue, though he received an option to purchase 10 million shares in January 2000 dated on the stock's lowest closing price of the month. Apple shares shot up in the following days. In yesterday's announcement, Apple didn't mention any grants to Mr. Jobs." "Irregularities" is financial code for "soon to be prosecuted". -R Apple Spots More Options Missteps Results Likely to Be Restated As Internal Probe UncoversAdditional 'Irregularities' By CHARLES FORELLE and NICK WINGFIELD August 4, 2006; Page A3 Apple Computer Inc. said a review of stock-option troubles turned up "additional evidence of irregularities" that will likely cause the computer maker to restate financial results. The disclosure, made late yesterday, marked a noticeable shift in Apple's posture over its options problems. Two weeks ago, the Cupertino, Calif., company said it didn't believe it would need a "material adjustment" to its financials unless its investigation turned up something else. Apple gave scant information in a news release issued yesterday, saying only that its anticipated restatement contemplates charges for compensation expense related to past options. Apple said it would delay filing its quarterly results. A company spokesman wouldn't detail the new findings, or even confirm that they directly related to option grants. Also not clear is just what the "irregularities" are. Other companies reporting option-grant problems have commonly said they found that grant dates they used "differed" from what they should have been. "Irregularities" bears a more serious tone; Apple also used the word a month ago when it first disclosed problems with option grants. It said then it had found problems with grants between 1997-2001. The computer maker is among the highest-profile names to be caught up in the stock-option scandal that is hitting many companies in Silicon Valley, and others across the country. In a number of cases, probes initially focused on the timing of option grants have unfolded into other areas. Mercury Interactive Corp., of Mountain View, Calif., which restated several years of results last month, found in a probe that its executives had been given loans to exercise options that in some cases weren't fully paid back. And Brooks Automation Inc., of Chelmsford, Mass., says an investigation found that two directors and its former chief executive signed a "false" document to allow the executive to exercise an expired option. The executive says his actions were appropriate. Apple spokesman Steve Dowling declined to clarify whether the new irregularities involved the timing of option grants, or other issues, though the language of Apple's news release suggests that the irregularities are somehow related to options. "We're refraining from making any further comment until the independent investigation is concluded," Mr. Dowling said. Apple said in its news release that it had filed a form with the Securities and Exchange Commission saying that certain of its past financial statements shouldn't be relied upon. An Apple spokeswoman said the company had filed the form yesterday. It wasn't available on the SEC's Web site yesterday evening, which the spokeswoman attributed to a time lag. Apple appears to have missed the 5:30 p.m. EDT filing deadline. More than 80 companies are facing federal investigation over options matters, and two former executives have been charged criminally. The probes are focusing on the practice of backdating, by which the grant date of an option is retroactively moved to a time when the stock price is lower. That is important because options give their holders the right to buy stock at a fixed price, typically the market value on the date they were granted, meaning the holder makes money when the shares go up. Manipulating this date to lower the "exercise price" gives the recipient the potential for extra profit or creates profit where none would otherwise have been made. Incor

    10. Re:Isn't this an issue for the CFO by Ohreally_factor · · Score: 1

      If you "have to buy them", then they're not options

      However, an option is in itself a type of security, so if you've been granted stock options, you could be liable for taxes on them, even if they're "underwater".

      If your company has a mandatory stock purchase plan, I don't know, but it sounds illegal to force your employees to purchase the company stock.

      --
      It's not offtopic, dumbass. It's orthogonal.
    11. Re:Isn't this an issue for the CFO by Brickwall · · Score: 1
      "it does result in a benefit... the "absence of a loss" happening that's what... they're a bet that you can't lose. "

      You appear to be confusing "employee share purchase" with "options". In the former, you are (usually) allowed to buy shares at slightly below market prices. This is your decision to make, but once you've made it, you are committed to purchase the shares. An "option" is exactly that - an option to buy shares at a specified price. If, when the options vest, the strike price is higher than the market price (your options are "under water" in the industry lingo), you simply choose not to exercise them. That is not a financial benefit by anyone's standards, including the SEC.

      --
      What was once true, is no longer so
    12. Re:Isn't this an issue for the CFO by Jerim · · Score: 1

      I am sure Ken Lay would have agreed with you. Does this mean that you find no guilt with Ken Lay?

    13. Re:Isn't this an issue for the CFO by tyrione · · Score: 1

      That assumes you exercise your options, correct?

  3. Who? by myspys · · Score: 4, Insightful

    Who in their right mind would remove a CEO (a loved one at that) of a successful company? A company whos share price is soaring nevertheless

    1. Re:Who? by simong_oz · · Score: 1, Informative

      The CEO (and the entire board) is still accountable and if financial wrongs are found, the directors could be barred from being directors of any company. However successful Jobs might be, if he is legally barred, he can't be on the board (of any company). All speculation of course.

      --
      "Because it's there." - George Mallory, when asked why he wanted to climb Mt Everest, March 18, 1923 (New York Times)
    2. Re:Who? by palad1 · · Score: 0

      Well, the point is, it is soaring because the numbers are wrong... Whose fault it is is another matter.

    3. Re:Who? by Ohreally_factor · · Score: 4, Insightful

      Someone who realises the truth, that the loved CEO of said company is only loved because of the success of his company, and his company is only showing successful because of dodgy accounting.

      Care to support that statement, other than by citing a comparison to Enron? Anything that shows Apple's success is faked by cooking the books? Where is this "discrepency" in numbers, other than a figment of your imagination?

      I think you don't understand the nature of this particular scandal. Yes, it's a scandal. But it's not in the least comparable to Enron. And it's emphatically not about discrepancies in iPod sales. It's about sleazy stock option practices.

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Who? by Ohreally_factor · · Score: 0, Redundant

      Once again, until we see the restatement from Apple, how do you know how much or how little of Apple's success hinged on sleazy options accounting? All indications are that while this will reduce the bottom line by some amount, it's not going to erase profits.

      --
      It's not offtopic, dumbass. It's orthogonal.
    5. Re:Who? by rahrens · · Score: 2, Insightful

      It also does not erase the numbers of product sold. It may change the bottom line, because an actual profit as reported can be diminished by such charges as they are speaking of.

      But Apple still sold the same number of Macs and iPods as previously reported - *those* numbers will NOT change, and those numbers still reflect a growing business.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    6. Re:Who? by Anonymous Coward · · Score: 0

      The CEO (and the entire board) is still accountable and if financial wrongs are found, the directors could be barred from being directors of any company.

      it did not stop the directors of Enron to be hired at other companies.

      Also the title "director" is pretty watered down. Comcast has been labelling General Manager as Director for years now.

      What you say is what is supposed to happen, in truth the executives yell "YAY!" as they fall to the ground with their golden parachutes and get hired at other companies.

      I personally think that if the SEC finds that evil was done financially by executives then all assets of that executive are to be grabbed. Make the fuckers pennyless and maybe they will not fuck with other people's money.

    7. Re:Who? by indifferent+children · · Score: 3, Insightful
      This time, apple may truly be dying.

      As Neal Stephenson said about Apple in In the Beginning was the Command Line :

      The smaller dealership continues to sell sleek Euro-styled sedans and to spend a lot of money on advertising campaigns. They have had GOING OUT OF BUSINESS! signs taped up in their windows for so long that they have gotten all yellow and curly.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    8. Re:Who? by asuffield · · Score: 2, Insightful

      The SEC and the courts. It's what they're for. They don't need to remove the CEOs of unsuccessful companies - those are self-resolving problems. It's the criminal management of successful companies that needs forcibly eliminating.

      Remember, Enron was a sucessful company with a share price that was rising.

      (This comment has nothing in particular to do with Apple, it's just an answer to the question asked)

    9. Re:Who? by Daytona955i · · Score: 3, Insightful

      Someone who realises the truth, that the loved CEO of said company is only loved because of the success of his company, and his company is only showing successful because of dodgy accounting.

      Wow, you don't get out much do you? I don't really understand the financial stuff that much. I really don't understand what happened at Enron other than employees lost their benefits. (which really sucks) I also don't really understand what is going on in this case but, to say that the success of Apple is only due to dodgy accountin is just mind boggling. I think even someone who hate's apple would say they were successful in selling the iPod. That's why everyone talks about an "iPod killer." But they still haven't been displaced. With the switch to intel processors, the number of computers they are selling has increased. I for one know quite a few people who now have MBP's who would have never before considered getting a mac.

      But whatever, go outside and start counting the number of iPods you see. Then start taking a look at the number of Mac laptops you see. Steve Jobs, like him or not, saved apple by bringing the technology from NeXT to apple. I admire him for what he's done to both Apple and Pixar. Also this is Apple who is doing their own internal investigation, not someone else who caught them in the act. This is them saying "wait, I think we made a mistake." From other comments I've read, this seems to not be a big deal (certainly not on the scale of Enron) and if Apple makes ammends and says basically, "we screwed up but now we've fixed it," I give them a lot of credit.

    10. Re:Who? by bitt3n · · Score: 1

      Someone who realises the truth, that the loved CEO of said company is only loved because of the success of his company, and his company is only showing successful because of dodgy accounting. Aha! I wondered why everybody I know seems to have bought an iPod, and now I know: Apple cooked their books!

    11. Re:Who? by larkost · · Score: 1

      Actually, no matter what these options have already appeared on Apple's books as options and are nothing new to the bottom line. The only thing new to this is that the fact that they were post-dataed options rather than regular options was not disclosed. No change in the numbers, just a change in what lines they go under.

      This is a serious issue, and Apple appears to be actively cooperating in investigating itself, so it will probably wind up as a black mark, and possibly a fine (already disclosed in Apples earnings estimates), but that will probably be it.

    12. Re:Who? by Anonymous Coward · · Score: 0

      Their success is because they have a monopoly...One which I hope the government forces them to open - like MS is having to do...Anyone who doesn't think the iPod and ITMS is holding the company up is a retard.

    13. Re:Who? by Andy+Dodd · · Score: 1

      Someone who has more of an interest in what is Right rather than that company's success. Someone (or some organization) which has no vested interest in that company.

      An organization such as... hmm... The SEC?

      --
      retrorocket.o not found, launch anyway?
    14. Re:Who? by SeattleGameboy · · Score: 0, Flamebait
      C'mon, I am amazed at lengths Apple apologist will go to on this board.

      But whatever, go outside and start counting the number of iPods you see.

      Great, there are a lot of iPods. But what if the only reason iPods are popular is because they were sold at below actual cost? I am not saying that Apple DID sell iPods cost, but just saying "Their products are popular, so they cannot be cheating" is not a good argument.

      Also this is Apple who is doing their own internal investigation, not someone else who caught them in the act. This is them saying "wait, I think we made a mistake." From other comments I've read, this seems to not be a big deal (certainly not on the scale of Enron) and if Apple makes ammends and says basically, "we screwed up but now we've fixed it," I give them a lot of credit.

      I call SHENANIGANS!!! BULLSH!@T!!! Apple is reporting this now BECAUSE the heat is on. Many prominent high-tech firms have been exposed by press to have backdated their stock option grants. BECAUSE OF THOSE INCIDENTS, EVERY high-tech company is reviewing their OWN financial records for stock option backdating abuses, not just Apple. If Apple didn't investigate their own, they would have been exposed anyway. This is just Apple covering their tracks best they can, not because they are so "honest and forthright".

      PUHLEEZE... if they were REALLY honest, they would have reported this BEFORE the stock option scandal exploded. They didn't and they CERTAINLY do not deserve any credit.

      Look, Apple makes some great products. But that should not put blinds over our eyes when it comes to corporate abuse. Saying "they are not as bad as Enron" is not something that you should be proud about. Hell, even Microsoft is better than Apple on this issue - THAT is how BAD it really is.

    15. Re:Who? by Jerim · · Score: 1

      I agree; any comparison to Enron may be way off base in this matter. What I find interesting though, is the quick "rush" to defend Jobs and Apple as a whole. We don't know the facts yet. When Enron's problems first started to creep out into the light, they tried to downplay it as nothing more than a "correction."

      I just see a dual standard. Had this been Gates and Microsoft, everyone would be calling for an SEC investigation and there would be predictions that Gates would wind up in prison. Let's just all try to be fair. If Jobs did something wrong, he needs to admit it, take his punishment and we can move on. However, let's don't pretend this is nothing more than a miss-placed $5 bill. (My comments are not directed at you personally, but at the forum in general.)

    16. Re:Who? by Ohreally_factor · · Score: 1

      Again, this is where the comparisons with Enron are dubious. When the shit started hitting the fan at Enron, there was a cover up. Skilling and Lay each personally committed fraud in lying to investors and employees about the state of the company. There was no downplaying. There was outright deception. And to his dying day, Ken Lay insisted that there was nothing fraudulent with what he or Enron did, that it was a conspiracy of short-sellers and the financial media that destroyed Enron. Oh, and a rogue employee (Fastow).

      I'll agree that we see a lot of knee jerk responses and defensive posturing by Mac Fanatics on stories like these. But in this story I think it's justified. In another recent story, on the wifi hack, it's a lot less justified (even though the problem there isn't limited to Apple). Hell, if you read through the comments there, you might see a few of mine that make fun of my fellow Mac Fanatics. And that were modded Troll. =P

      I'm not sure if it's so much a double standard as it is a matter of disproportion. MS has a much higher market share of hate here on slashdot. Not surprising, given it's market share on operating systems and office suite software. Apple's recent resurgence and success has brought it an increase in hate, although there were always those that just couldn't stand the company anyway.

      Anyway, I appreciate your even tone and your lack of exaggeration. I agree with you, there is something wrong at Apple. It appears that they're acknowledging it and determined to fix it. The problem isn't trivial, but I don't think it's going to break the company or get Jobs fired, either.

      --
      It's not offtopic, dumbass. It's orthogonal.
    17. Re:Who? by Jerim · · Score: 1

      I agree, it won't break Apple, and Jobs shouldn't lose his job unless the people involved start showing up dead. Otherwise, claiming Jobs' days are numbered is ludicrous.

    18. Re:Who? by dueyfinster · · Score: 1

      "wait, I think we made a mistake."

      Yes, you have to hand it to Apple for coming clean, it is the respectable thing to do. A colleague of mine worked in software for South African company, in a high risks financials company. Because of South Africa's discriminitive employment laws after apartheid, most of the people were unquilified and of very poor education. That made them cover up mistakes, as they feared a backlash like they would have gotten from the old system. This is a total shame as it means the company has 3x employees it should, and my colleague has nightmares trying to write patches when something goes awry, as no-one owns up. Apple will continue to thrive, and I'll bet increase shareholder confidence in the long run.

      **Note: I don't own a Mac, nor do I have shares in Apple, I am totally innocent, I tell you!

      --
      --- Duey Finster http://www.dueyfinster.com
  4. "...whether or not Steve Jobs will be able to..."? by oDDmON+oUT · · Score: 4, Interesting

    The only mention in the article of Jobs is:

    "Apple said in June that one of the stock option grants was to chief executive Steve Jobs, but it was subsequently canceled and resulted in no financial gain to Jobs."

    So why is there some statement quoted questioning the continued status of Jobs as CEO?

    Seems like someone is playing fast and loose with the article.

    --
    Some days it's just not worth
    chewing through my restraints.
  5. Even Microsoft has More Options Troubles.... by jkrise · · Score: 4, Funny

    Last I heard, there's gonna be Six Different Options to license a single release of their OS - namely, Windows Vista. And everyone from Dvorak to Thurrott has predicted lots of Options Troubles with Vista :-)

    Oh, wait!.. you meant Stock options? ... [hides under table]

    --
    If you keep throwing chairs, one day you'll break windows....
  6. bah by spykemail · · Score: 3, Insightful

    Bad news for shareholders and possibly some Apple employess, but unless this is an extremely massive problem it shouldn't really have much effect after a couple of initial punishments.

    1. Re:bah by DreadfulGrape · · Score: 1

      Quite agree... their current stock price is already inflated enough to weather this, so long as they come clean with the restatements, quickly.

      In fact, if you'd bought AAPL two weeks ago at $53, and sold yesterday at $68, you would have pocketed a nice piece of change.

      --
      sig has been sent away for a few small repairs...
  7. Re:Jobs will have to leave by thrill12 · · Score: 1

    Sorry to reply to my own posting: with 'public' I meant also the stockholders. They ultimately decide the fate of Jobs. And as it goes with public companies: they often tend to listen to their stockholders.

    --
    Slashdot: stuff for news, nerds that matter, matter for news, stuff that nerd
  8. Re:"...whether or not Steve Jobs will be able to.. by Anonymous Coward · · Score: 5, Insightful

    Exactly - I'm at the edge of just giving up on reading Slashdot entirely with the retarded articles coming through lately with little jabs thrown in throughout. It's always had it to a small degree, but it's just getting worse lately.

  9. How is this "stuff that matters"? by Anonymous Coward · · Score: 0

    Is this an investor board now? I rarely see purely financial news conserning other companies (Dell, Leonovo, AMD, etc..) posted here....

    Or was this news posted because the company happened to be Apple? Every minor news about it seems to be posted on Slashdot.

    1. Re:How is this "stuff that matters"? by Anonymous Coward · · Score: 0

      I'm pretty sure a major accounting scandal at any of the companies you mention would be reported here.

  10. Re:Schadenfreude by droyad · · Score: 2, Informative

    Well.. it really only ever got borrowed from German:

    Schaden = Damage
    Freude = Enjoyment

    In this case the literal translation is accurate, it's enjoying something (someone else) being damaged.

  11. Re:Schadenfreude by mikael_j · · Score: 1
    I'm guessing Schadenfreude has the same meaning as the swedish word 'Skadeglädje', glädje and freude meaning sort of the same thing and skada in swedish meaning 'damage', there's even a swedish saying, "Skadeglädje är den enda sanna glädjen", "skadeglädje is the only true joy/happiness.".

    /Mikael

    --
    Greylisting is to SMTP as NAT is to IPv4
  12. I had problems reading TFA by $RANDOMLUSER · · Score: 3, Funny

    LOS ANGELES, Aug 3 (Reuters) - Apple Computer Inc. (AAPL.O: Quote, Profile, Research) said on Thursday it would likely need to restate earnings and will delay filing its quarterly report because of additional irregularities it found in its accounting of stock options and its shares fell 6.6 percent.

    PARSER STACK EXPLOSION.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:I had problems reading TFA by Kosmatos · · Score: 1

      Time to buy more. They are on their way up on monday, way up. Every WWDC this happens. So predictable.

      --
      I'm your huckleberry
    2. Re:I had problems reading TFA by SlideWRX · · Score: 1

      I was amused at the run on sentence starting the article. That, and the first two sentences are apparently each thier own paragraph. Journalism ftw?

  13. Re:Just Like Mic(rosoft) by Ohreally_factor · · Score: 1

    I suppose that should go for the kde and Gnome developers, too. Damn them for taking this whole UI thing too far!

    By the way, don't you think you sort of have your head up your ass because you're taking this whole mentally retarded comment thing too far?

    --
    It's not offtopic, dumbass. It's orthogonal.
  14. Trend? by metushelach · · Score: 1

    First Comverse (http://www.comverse.com/), then Sandisk (www.sandisk.com) and now Apple? Whats with these people and their stock options?

    1. Re:Trend? by Ohreally_factor · · Score: 1

      Yeah, it's a sleazy practice that many companies have engaged in. It first came under discussion/scrutiny in the wake of the big accounting scandals, and it's finally come home to roost.

      Funny thing is I actually see a positive in Apple getting out in front on this and coming clean. It's the only way to weather this and come out healthy. Contrast this with Ken Lay of Enron, who denied to his dying day that Enron had ever did anything wrong.

      --
      It's not offtopic, dumbass. It's orthogonal.
  15. I smell misrepresentation by KDR_11k · · Score: 4, Insightful

    While I have no actual idea what that means I have a feeling the interpretation in the summary is a bit sensationalistic. If it really was that bad, would Apple really do it? Or are we really facing an Appleron?

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
    1. Re:I smell misrepresentation by JKConsult · · Score: 1

      I'm not saying Apple did anything. A poster above is correct in that this is happening to lots of companies, so it wouldn't surprise me in the least to find out that they did. But really,

      If it really was that bad, would Apple really do it?

      Are you really that naive?

    2. Re:I smell misrepresentation by KDR_11k · · Score: 1

      I meant bad for them, not others. I don't think they'd hesistate to hurt others for profit but I think that hurting themselves isn't exactly good business.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  16. Re:Schadenfreude by grrrgrrr · · Score: 1

    I believe in Germany it is only used for the loud laugh at at a slapstick like situation you know like you see in Americas funniest home videos and nothing else. But using a German word sometimes make things sound a bit more sinister than it really is ;-)

  17. Re:"...whether or not Steve Jobs will be able to.. by Anonymous Coward · · Score: 0

    welcome to slashdot spin...

  18. Re:Jobs will have to leave by Anonymous Coward · · Score: 2, Insightful

    The shareholders might not like tolerate things like this, but they're clever enough to know that Jobs IS Apple, and they'd lose a lot of their appeal if they made him resign. Remember what happened last time he left?

  19. Re:Jobs will have to leave by ZenKen · · Score: 5, Insightful

    1. There's a difference. Enron was purposefully and illegally cooking their accounting books and they got caught. Apple themselves noted a discrepancy between practice and what should be reported to shareholders. Enron executives bilked shareholders out of billions of dollars. Apple granted stock options backdated at the lowest price and did not include them on a report. 2. One company self-reporting a problem does not make a trend. There are thousands of companies, and statistically I would wager that there are more than a few that have also reported similar discrepancies over the course of their existence. Thus, there is nothing stating that the CEO should have to leave his company for discrepancies filed by his own company (and the finance department, no less). Your perception is not reality. While I agree that the 'public' won't tolerate being ripped off, they also should know that this doesn't fit the 'being ripped off' scenario. I understand where you're coming from, but I don't think this is such a scenario.

  20. Re:"...whether or not Steve Jobs will be able to.. by Tim+C · · Score: 1

    The quote is from fremen, the submittor. While it implies that the article says that (or something like it), he's not actually claiming to be quoting the article itself.

  21. heavy FUD by TRRosen · · Score: 2, Insightful
    Talk about overblown. This is basicly a minor accounting issue. No laws were broken it just wasn't written up right. At worst the restatements would change things by a couple of million total. were talking about the difference between a stock grant at $35 a share instead of $30. and Apples not a big option company like microsoft. Infact this will acually make Apple money. The restated earnings will reduce there taxes making 30% of the restatement show up as extra cash.

    This is basiclly a case of "oops we paid our executives 12 million dollars not 10...our bad"

    1. Re:heavy FUD by Budenny · · Score: 1

      You may be right, it may turn out to be trivial. But all you can say at the moment is that financial statements going back 4 years cannot be relied on. To what extent or in what direction they are misleading is unknown. There are no grounds for optimism or despair so far.

      But there is grounds for a rise in the risk premium.

    2. Re:heavy FUD by Ramtek · · Score: 1

      You had better hope so if you own any stock. Apple is the media darling so the sensationalist media has no motivation to do anything but rub apple's belly (just like Slashdot for the most part). The WSJ article was much more concerned over the irregularies since they apparently don't have to do with the options. The fact that they aren't defining the "other irregularies" encountered right away isn't good. If they lied to investors that is bad and the stock will suffer and so will management since investores can't trust what existing management says. If they are "just" incompetent that is also bad. CEO get fired all the time for things that the CFO was supposedly responsible for. The CEO is responsible for everything. -R

  22. peran is a troll. by eshefer · · Score: 4, Insightful

    I just love this comment..

    "but as is becoming increasingly clear with Apple, that success is not to do with doing good business, rather it's just bad accounting"

    have you been outside these last two years? you go on the subway or any metro and you see that 1 out of 5 people has white earbuds sticking out of thier ears.

    1. Re:peran is a troll. by hlimethe3rd · · Score: 5, Funny

      1 out of 5? Maybe that was true too years ago. Now it's 5 of 5. 4 out of 5 people have ipods, and the other 1 bought an mp3 player that was so desperate to be an ipod that they made the ear buds white.

    2. Re:peran is a troll. by WilliamSChips · · Score: 1

      Actually, I've seen quite a few people with non-white headphones(a lot of them are earbud-based now). Even though I own an iPod, the iPod headphones suck so badly that I threw them out and now use something from Sony.

      --
      Please, for the good of Humanity, vote Obama.
  23. Stupid submitter by gnasher719 · · Score: 5, Insightful

    Sometimes I think people who submit articles to Slashdot are pure idiots.

    The original article makes no mention of "backdating options" whatsoever. "Backdating options" is an illegal and criminal method of giving employees more money by chosing the date of an option grant long after the option is granted, usually to a time when the stock was low. Even just with the usual random fluctuation of the share price, this can make options much cheaper and therefore more valuable for the employee. However, nothing like that was mentioned in the article at all. What was mentioned was "possible irregularities in the accounting" of the value of stock options, which was found by Apple itself in an internal inquiry that it started itself, and it was Apple who called the SEC about it, not the other way round. And since the rules for the accounting of stock options have changed a lot in the recent years and are quite complicated, it is quite possible for a company to account them incorrectly by mistake. The bit that the submitter added about Steve Jobs has been pulled out of thin air altogether, just to make it sound more interesting.

    This is like Mr. Smith calling the Inland Revenue, telling them that he might have made a mistake in his tax returns, and a submitter on Slashdot calling him a thief and criminal.

    1. Re:Stupid submitter by moracity · · Score: 1

      This may be a poor article submission, but if you read other articles regarding this issue, you will see that this IS the result of backdating options, which is NOT illegal if accounted for properly. Someone made a booboo and didn't adjust the books for the backdating. Therein lies the problem.

      There are other oddities when looking over the 8K filings as well. Some of the accounts payable and receivable don't jive. It appears that Apple may been padding their profits for the past several quarters. This is probably related to to huge amount of cash they have. This isn't necessarily illegal, but it can mask the true financial health of the company. This is one of the big concerns when companies hold on to too much cash. If there was intent to deceive investors, this could be pretty bad.

      In the end, it doesn't matter if it was intentional or a mistake, the stock price will be affected. On the good side, this will lead to a huge buying frenzy when stock drops below 50.

    2. Re:Stupid submitter by Overly+Critical+Guy · · Score: 1

      It's really too bad you didn't post farther up in the discussion where more people would see it. This is Friday sensationalist crap on Slashdot

      --
      "Sufferin' succotash."
    3. Re:Stupid submitter by Spectra72 · · Score: 1

      Sometimes it's not illegal, sometimes it results in the former CEO of Brocade and the VP of HR facing possible jail time.

      It goes both ways.

  24. Naw, Jobs is staying, here's the Corporate pitch by The+Mutant · · Score: 1

    "We became aware of this impropriety about two years ago, and pushed out the former CFO who was solely responsible...."

    Or some such variant thereof.

  25. Step by step by gnasher719 · · Score: 5, Insightful

    "Apple today announced that they will be withdrawing their financial reports back to September 29, 2002 and delaying the filing of future reports "
    Correct.

    "after finding more backdated options problems. "
    Incorrect.

    "Companies backdate their stock options by looking back over a period of time and choosing a historical low as the option strike price. While not illegal, this must be fully disclosed to investors and properly accounted."
    Incorrect. Backdating options is illegal, that's what people will go to jail for. That is also what Apple hasn't done .

    Expect more uncertainty in the coming weeks as regulators must now uncover how much of Apple's record profits were incorrect "
    Regulators are not involved in this at all. This is an Apple internal inquiry.

    "as well as whether or not Steve Jobs will be able to continue leading the company."
    Taken out of thin air.

    In other words, the submitter took one line from the quoted article, then added 90 percent bullshit to it.

    1. Re:Step by step by hcob$ · · Score: 1
      In other words, the submitter took one line from the quoted article, then added 90 percent bullshit to it.
      Welcome to slashdot... where not even the submitter RTFA!
      --
      Cliff Claven
      K.E.G. Party Chairman
      Founding Leader of: Koncerned for Egalitarin Governance
    2. Re:Step by step by KevinIsOwn · · Score: 1

      While the linked article makes no mention of backdating options, Apple is investigating whether it has occurred. See Bloomberg article. It remains unknown whether or not backdating actually occurred.

      You are also correct that it is an internal inquiry right now, but Bloomberg seems to cast doubt on it remaining entirely internal.

      And yes, that line about Steve Jobs is complete FUD crap. The submitter sucks.

    3. Re:Step by step by radish · · Score: 1

      Incorrect. Backdating options is illegal, that's what people will go to jail for. That is also what Apple hasn't done.

      No, you are wrong. Backdating options is not illegal provided you account for it properly. The scandals currently unfolding are largely related to improperly backdated options (in other words, the reporting requirements were not met), but also to other irregularities in the reporting of option grants. Whether Apple are guilty of improper manipulations (and what those manipulations might have been) is yet to be determined - that's what the inquiry is for. But the seriousness of what they have announced today implies that they are pretty certain they did something pretty wrong.

      Regulators are not involved in this at all. This is an Apple internal inquiry.

      Not for long. The SEC have been notified and a major company are restating 4 years of figures - there's a 0% chance they won't get involved at least at a high level.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    4. Re:Step by step by shawnce · · Score: 1

      Seriously need a way to moderate the top level submission... this one is so clearly mischaracterizing the reality of things.

    5. Re:Step by step by shawnce · · Score: 3, Informative
      Actually backdating is legal as long as it is approved by the companies board, revealed to stock holders and correctly accounted for.

      What is backdating?
      Many companies, it now appears, allowed executives, board members, and other employees to look back over the history of their company's stock price movements and pick a date in the past on which they wanted their options to be granted. Thus, the executives could, and did, guarantee themselves a profit by selecting a date on which the stock price was very low. The options allowed the executives to buy stock in the future at the old, low stock price.

      What are the rules governing backdating of options?
      Companies are free to give employees the right to purchase stock at whatever price the company wants, but they are supposed to reveal those actions to investors and deduct the costs of the options from profits. Until the Sarbanes-Oxley Act of 2002, companies were free to give employees options, and not deduct the cost from profits, as long as the price at which the employee could buy future stock was the price set by the market on the day the option was granted. Now, companies must deduct even the costs of those options from their profits.

      If companies are free to backdate options, why are companies coming under SEC scrutiny?
      Many companies, it turns out, hid the backdating from investors and failed to subtract the costs from their profits. Lying to investors can be grounds for criminal prosecution by the Justice Department and civil penalties by the SEC. These actions may also mean the companies filed inaccurate tax forms, which could cause the Internal Revenue Service to demand fines and penalties.


      http://www.usnews.com/usnews/biztech/articles/0607 21/21options.htm
    6. Re:Step by step by MikeTheC · · Score: 1
      Apart from the obvious "poster didn't RTFA" element, this post and some of the discussion thus far is telling in that it shows those who are part of the Anti-Apple / Anti-Anything-Not-Microsoft crowds from those who are willing to be fair-minded in the matter.

      The crack about "Well, geez, if this was Microsoft, we'd all be clamoring for BillG's head" shows a line of fundamentally-flawed thinking. *If* this was about Microsoft instead of Apple, we'd be clamoring for BillG's head within the context of this being "the straw which broke the camel's back" and not merely backdating for the benefit of "yet another CEO".

      It's amazing how people jump to Bill's defense out of such ignorance. If BillG were *only* guilty of benefitting from backdating, we wouldn't even be having this kind of discussion. But no, let's go pounce on Apple and Steve because we just cannot accept that anyone but Microsoft and BillG is entitled to the right of putting out an operating system for mass consumption. Good f'ing God, y'all, get out more!!!!

  26. Re:Schadenfreude by heinousjay · · Score: 2, Funny

    That's not real Swedish. There's no "bork, bork, bork" at the end.

    Try to fool me...

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  27. Bullshit? by mnemonic_ · · Score: 1

    Bullshit on Slashdot? Never...

    But we visit it daily all the same.

  28. A simple plan. by BDaniels · · Score: 5, Insightful

    1. Post bogus story to /., with incorrect statements and FUD about Jobs being forced to leave Apple.
    2. Wait for damage to Apple stock prices.
    3. Buy cheaper shares of Apple stock.
    4. Profit.

    1. Re:A simple plan. by mac.man25 · · Score: 1

      Where's the '???'?!

      I want the '???'!!!!!

      fine.

      1. Post bogus story to /., with incorrect statements and FUD about Jobs being forced to leave Apple.
      2. Wait for damage to Apple stock prices.
      3. [EDITED] ????
      4. Profit.

    2. Re:A simple plan. by ironring2006 · · Score: 1

      Well, if you ignore the fact that 2 happened before 1 (the posted story indicating the stock price drop was obviously written before being posted on slashdot), I think today (Friday) is an excellent time to buy Apple shares. With the projected announcements of the Mac Pro desktops sometime next week during the WWDC, I think it is safe to say that in the relatively short period of now to next week, we'll see a guaranteed rise in AAPL. If I actually had money to invest, this would be something I would jump on.

    3. Re:A simple plan. by Budenny · · Score: 1

      If it were a guaranteed rise, it would already have prompted buying, and so there would be no point buying now because the rise would already have happened. I have no idea whether AAPL will rise or fall on Monday. What is certain is that you cannot make a good risk adjusted return on the basis of what is now publicly available to us about what will be announced then. For some reason technical people seem to have trouble grasping this, but it is really simple. What is known, really known, is discounted in the price. What is suspected, probable and so on is also discounted in the price. Emotions are also in the price. If you are speculating on the basis of publicly available information, you are betting that you know better than the pros what the implications of it are. You don't. You may be right in a particular case about how the price moves. This however does not show you have the ability to make money on public information. The only thing that can show this, and rule out chance, is actually doing it over time. Otherwise, you have gotten right by chance, and you will be following a rule that over time will lose. The argument has been made by a couple of people that a sure fire way to make money is, buy at the open on the last trading day before the WWDC and sell at the close on the day of it. Well, if you think that is really true, show us the numbers. Take account of trading costs while at it. It is not. If it were, people would be trading options like crazy at this very moment. They are not. As to what they will announce at the WWDC, apparently there is going to be an amazing and dramatic innovation which will affect computer ease of use: its called virtual desktops. Yes, in the latest version of OSX it appears you can have more than one desktop. This will drive them wild! The stock price will soar on this one!

    4. Re:A simple plan. by Anonymous Coward · · Score: 0

      It's true. WIth WWDC next week, this is most likely due to someone trying to short-sell. Shameful behaviour :-(

    5. Re:A simple plan. by ultranova · · Score: 1

      As to what they will announce at the WWDC, apparently there is going to be an amazing and dramatic innovation which will affect computer ease of use: its called virtual desktops. Yes, in the latest version of OSX it appears you can have more than one desktop. This will drive them wild! The stock price will soar on this one!

      Especially after they'll sue Gnome, which has had this feature for years now, and has therefore been infringing on Apple's intellectual property long before Apple even invented it !

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    6. Re:A simple plan. by hehman · · Score: 1

      I realize you're kidding, but if true, that's a far more serious crime than what Apple likely did.

    7. Re:A simple plan. by tehcyder · · Score: 1
      1. Post bogus story to /., with incorrect statements and FUD about Jobs being forced to leave Apple.

      2. Wait for damage to Apple stock prices.

      3. Buy cheaper shares of Apple stock.

      4. Profit.

      Yes, it's a well known fact that stock markets base their information on slashdot articles.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  29. That's what Ken Lay said... by iceperson · · Score: 0, Offtopic

    nt

  30. Apple, Meet Orange by Marc2k · · Score: 1

    Whoa, whoa, whoa...you're talking about two very different things. The MS antitrust had to do with Microsoft packaging their products, which compete with other products in the markteplace, for 'free' (read: cost of production is hidden in the license price of Windows), which degraded competition in the market.
    The iPod and iTMS are obviously cornerstones of Apple's current earnings, but the iPod simply requires that you use proprietary software to transfer music onto it--not uncommon for peripheral devices, and not anticompetitive--and iTMS is just a media download service that happens to have some DRM with it--again, not uncommon for media download service, and not anticompetitive.
    What exactly are you asking for?

    --
    --- What
    1. Re:Apple, Meet Orange by Ohreally_factor · · Score: 3, Informative

      but the iPod simply requires that you use proprietary software to transfer music onto it--not uncommon for peripheral devices, and not anticompetitive

      This is no longer the case. There are third party and Free applications for the iPod now. Check out rockbox for iPod replacement software. Personally, I like the software that came on my iPod and iTunes just fine, but there are lots of options out there.

      --
      It's not offtopic, dumbass. It's orthogonal.
  31. Re:Behold my awesomeness by vilms · · Score: 0

    Funny, I read that as "former lover".

  32. Excellent news! by blue_fireball_eater · · Score: 0, Redundant

    1. Apple announces accounting irregularities. 2. Apple stock drops 5-6%. 3. Invest in Apple stock while it is low. 4. WWDC 5. Profit$$$$$

  33. New low for /.? by saddino · · Score: 1


    This may be the most blatantly misleading submission to /. that's made it past the editors. Yeah, we all complain about dupes, but that's just an annoyance. Is anyone really doing any "editing" here?

  34. Stock options help attract employees by acomj · · Score: 1

    Seriously, its one way companies can reward employees and employees can make it big. Because accounting rules are tricky companies can give employees stock for cheap without it effecting the balance sheet. If you look at what CEO's are pulling down, stock options appease employee grumbling.

  35. Re:"...whether or not Steve Jobs will be able to.. by k2enemy · · Score: 1

    Either submitter has a short position in AAPL or lacks basic reading and comprehension skills. Since this is slashdot, probably the latter.

  36. Re:"...whether or not Steve Jobs will be able to.. by Ohreally_factor · · Score: 1

    It's always had it to a small degree, but it's just getting worse lately.

    Snarky is the new black.

    --
    It's not offtopic, dumbass. It's orthogonal.
  37. Re:"...whether or not Steve Jobs will be able to.. by Ohreally_factor · · Score: 1

    Actually, it could be the editor. They're known for rewriting (badly) submissions and inserting their own editorial content in confusing ways.

    --
    It's not offtopic, dumbass. It's orthogonal.
  38. Re:Naw, Jobs is staying, here's the Corporate pitc by Ohreally_factor · · Score: 1

    "Hey Fred! Steve. How's everything? Look, I'll get to the point. Do you think I could lure you out of retirement? Just so I can publicly fire you? No? How about I let you borrow the gulfstream for the weekend? Free passes to Disneyland?"

    --
    It's not offtopic, dumbass. It's orthogonal.
  39. What happend to UNH ceo walking away with 1BN? by doctorjay · · Score: 1

    Anyone hear updated news on that.. that was crazy. Insanity.

  40. it *was* backdating by mnemonic_ · · Score: 1

    According the Bloomberg, it was backdating. And when the Reuters article mentioned a "stock options scandal," there is little question as to what it refers. Taking a step back and viewing the original article as an investor, it seems certain that options backdating was implied. That's the only "scandal" going on right now.

    Backdating options is illegal, but it could have been an honest mistake. A delayed executive approval can effectively backdate an options grant, but whether that happened at Apple is unknown at this point.

    1. Re:it *was* backdating by Anonymous Coward · · Score: 0

      Backdating is not illegal if the investors are informed and its properly booked.

    2. Re:it *was* backdating by raehl · · Score: 1

      I think you're missing a subtle difference.

      It is legal to award an option today for the price the stock was at at some point in the past.

      It is not legal to award an option today and then claim it was actually awarded at some point in the past.

  41. WTF? by Paradise+Pete · · Score: 1
    as well as whether or not Steve Jobs will be able to continue leading the company.

    This an absurd statement. Why is it even in the submission? Jobs certainly isn't going to jail, and that'd be the only way he wouldn't "continue to lead the company."

    The submitter simply pulled it out of his ass.

  42. I think you understood it wrong... by hummassa · · Score: 1

    the PP meant "have to buy" as in opposition to "the company gives them to you as a bonus" (like the execs); for instance

    ordinary employee:
    annual salary $30k
    annual stock options of $5k mean: you can buy $5k of company's stock (and keep the remaining $25k), provided you wait a year before selling it. If one year after, your stock is worth $1k, you shelled out $4k for nothing; if the stock is worth $10k, then you won another $5k. (best case: gain; worst case: loss)

    executive:
    annual salary $100k
    annual stock bonus of $20k means: after one year, he can either have $20k in money or the value of $20k in stock (at the price of the beginning). If one year after, his stock is worth $1k, he chooses $20k in money; if it's worth $40, well, he chooses that. (worst case: no loss; best case: gain)

    or somesuch.
    HTH

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:I think you understood it wrong... by larry+bagina · · Score: 1
      An option is the *right* to buy (or sell) at a fixed price, not the obligation to do so. For executives and even regular employees, they're usually granted (as in free, as in beer)[1] with a vesting period. If the option is underwater at maturity, you throw it away and you've lost nothing. Othrewise, (3.) profit!!!!

      An ESPP (which the OP was talking about) allows employees to buy stock outright. You can lose money, but there is no vesting period (that's illegal). The company might give you a discount on the purchase price, though.

      When I was working for the man, I had some token stock options as well as the ESPP. The executives had significant stock options and the ESPP.

      [1] You can buy and sell options on the open market as with other securities. However, the pricing is quite different. A September 15th AAPL call @ $60.00 is currently trading at $8.00, whereas AAPL stock is trading at $66.14. If you think AAPL will be selling for 70 on september 15 and have $10,000 to gamble, you could buy 151 shares of AAPL (potential profit = $582) or 1,250 options (potential profit = 2,500).

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

  43. There's a difference between options and ESPP by blueZ3 · · Score: 1

    An employee stock purchase plan (where you buy stocks at a discount if you agree to put money into the plan) is something completely different than options. ESPPs generally offer the stocks at a discount to the current price, or a discount off the average price over some historical period, and once you have signed up for a period, you are obligated to purchase the stocks. Options are, well... optional. They are an offer to sell you a certain amount of stock at a particular (fixed) price. You can choose to exercise the options and purchase the stock or not, in which case you aren't obligated in any way to do anything.

    My last employer offered options, and I had a grant that was vested when I left. But the options were underwater (they cost more to exercise than I could get by selling the stock) so I didn't exercise them. I now have a lovely piece of paper that says "Option Grant" at the top, but which means nothing.

    Jobs either decided not to exercise options, or the options were withdrawn. In neither case is the they type of class-warefare issue that you imply.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  44. 1 out of 5 people has white earbuds sticking out by Anonymous Coward · · Score: 0

    "1 out of 5 people has white earbuds sticking out of thier ears"

    Its called ear wax. And it can be treated.

    Kloss

  45. Musical summary of this story by Agram · · Score: 1

    Rollin' rollin' rollin'...

    AAPL stock is fallin'...

    Move 'em out
    Move 'em out
    Move 'em out

    etc.

  46. unlikely steve's going to be bounced out by swschrad · · Score: 1

    he even turned back a slew of questionable options a while back. he doesn't appear to be another bernie ebbers.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  47. Nancy Heinen by thefinite · · Score: 2, Interesting

    Do you think this is why Nancy Heinen left? They never did give a good reason for her leaving. Maybe she wanted to make the misinformation public and they disagreed. Or maybe she was the reason for the mistake...

    --
    Boom Shanka
  48. switch the company name by Anonymous Coward · · Score: 0

    to Microsoft and I wonder what the comments would be?

    Would everyone here be so quick to call the article a load of BS and defend that company?

    I realize this is /. and the Apple can do no wrong. But if this is true (big ass if) it could really hurt APple. The SEC may start it own invistagation of Apple and t hat could really be bad if Apple does have anything to hide.

    1. Re:switch the company name by Golias · · Score: 1

      switch the company name

      to Microsoft and I wonder what the comments would be?


      Frankly, I don't give a fuck about Apple's past profits, nor their current share price. I hold no AAPL stock, so there's no reason for me to care.

      But if the future of the company is in jeopardy, or if it's a possibility that they could lose Steve Jobs, then I do care, because I really like the products they've put out since Jobs came back to the company, and I would really like to see them continue as they have.

      Switch the company name to Microsoft, and I'd be dancing in the street. The remote possibility of seeing Steve Balmer and Bill Gates being hauled away in orange jumpsuits would make my whole week.

      --

      Information wants to be anthropomorphized.

  49. Aaarrg. Eyes bleeding... by Space+cowboy · · Score: 1

    You know, you wrote a lot of stuff there, and I didn't read any of it, which is a shame because it doesn't *look* as though it's trollbait from a cursory glance.

    There's no way you're going to get people to read your stuff if you don't use paragraphs, and break your points up into digestible pieces...

    Just a friendly hint.

    Simon

    --
    Physicists get Hadrons!
  50. If Jobs does have to go... by Obstin8 · · Score: 1
    does that mean there's hope for a new Newton?

    If so, bye Steve!

  51. Which begs the question by teflaime · · Score: 1

    How much does Jobs actually have to do with day to day operations at Apple? He has been intimately involved with day to day at Pixar, which probably doesn't leave much time for Apple. Does anyone think it's safe to say that Jobs' involvement at Apple has been similar to Gates' involvement at Microsoft of late: long range vision and direction, but not day to day? It seems to me that he keeps the CEO title so he can step in right way if he perceives Apple to be making misteps or deviating from his idea of where they need to go.

  52. What do you mean "found"? by Anonymous Coward · · Score: 0

    There's no finding involved. They knew they were scamming investors by cherry-picking the dates they back-dated to. All that's happening here is that they're confessing (sort of) to it, before the SEC exposes it, for damage control. Let's call it what it is: another corporate con-job.

  53. Re:Jobs will have to leave by lp-habu · · Score: 1
    f he's completely innocent, Steve Jobs will have to leave Apple as a CEO - perhaps he will get an advisory role instead.
    You're probably right, but I'm a sucker. Care to place a little monetary action on the question? Nothing that would hurt -- maybe a buck-and-a-half or so? Just so that one or the other of us can claim to be right when it's all over and the other will have to appear hat in hand with the cold cash and an admission of utter failure to accurately assess the situation.

    Fair enough?

    RSVP

  54. Stock Options by zymano · · Score: 1

    are a scam on investors.

  55. Re:"...whether or not Steve Jobs will be able to.. by Anonymous Coward · · Score: 0

    Welcome to Apple being popular. I make a good living writing application software for Windows - verbal abuse hurled at Microsoft and their products is so rampant here that I've been trying to stop reading Slashdot for a few years. The only way it's bearable is with AlterSlash - which filters most of the crap for you.

    For example, several of the highest-modded comments to this story are beating on Microsoft and Windows Vista. A product that, if you'd take their attitude at face value - will apparently kill your pets, urinate on your carpet and set your back yard on fire when it's installed. In reality those posters will be using it sometime over the next few years, will forget what they were complaining about and they'll make something else up.

    Do I think Apple stock is overvalued? Yes. But not any more than any popular technology company that's perpetually on the verge of exponential growth.

  56. Re:Schadenfreude by Jay+Random+the+Other · · Score: 1

    Very similar indeed. I'm told that the Germans have a saying, 'Die reinste Freude ist die Schadenfreude,' which merely says that Schadenfreude is the purest joy.

    (The Germans, being a learned and on the whole sensible people, know that there are indeed other joys. Among these are guzzling beer, listening to really awful music at ear-splitting volume, and annoying the French.)

  57. Jobs options by cvdwl · · Score: 3, Informative

    If this really bothers you, I'll take your apple stock.

    For those determined to pillory Jobs for this, I might suggest reading this sfgate article which says, in part:

    Some of the nettlesome stock options were given to Apple CEO Steve Jobs, but he voluntarily canceled those in 2003 before cashing them in.

    After digging deeper, Apple uncovered enough new problems to prompt the company to hire an outside lawyer to take over the investigation and notify the Securities and Exchange Commission about its findings.

    Valuation of stock options is and has been under a lot of debate recently. Apple looked over its books, discovered they had done something wrong according to current (and possibly past) accounting practices, and went to work to correct the problem.

    Steve Jobs, who is richer than Croesus and really only bothers to count the number of digits on his bank statement, decided to dodge potential trouble more than TWO YEARS ago, which helps their position now.

    Which part of this fits the "Steve Jobs is a greedy corporate raider" theory?

    They screwed up. They admitted it. They'll take a hit. These aren't the droids you're looking for.

    --
    ... grumble, grumble, grumble, mutter, mutter, Millenium... Hand... Shrimp, I tol' 'em, I tol' 'em.
  58. Re:Behold my awesomeness by Anonymous Coward · · Score: 0

    he's not gay, but his gimp is!!

  59. Options Backdating != Enron by KenSeymour · · Score: 3, Informative

    The scale of this is much smaller than Enron.

    Here is an article that explains how the options backdating scandal started:

    http://www.businessweek.com/investor/content/may20 06/pi20060523_848601.htm

    To summarize, a finance professor decided to calculate the return on companies for the 30 days
    after the award on of options on an unusual date for such award. He looked at 1668 such awards
    and found that those stocks did 5% better than average for those 30 days each time.
    Later, the Wall Street Journal calculated odds of 300 billion to one that that would happen by chance.

    So a red flag can be raised on a company by mining this data, but it doesn't prove that
    backdating took place. The SEC has decided to investigate a bunch of these companies.
    It is likely that they will find wrongdoing in at least some of these cases.

    One interesting note was that this practice has been greatly reduced as of 2002, when Sarbanes-Oxley
    required reporting of options awards within two days of the award.

    The details of how options are granted determines whether they have to be shown as an expense or not,
    so some companies involved are having to restate earnings.
    The largest impact I'm aware of is UnitedHealth Group, which according to the above article may
    have to report $300 million in additional expenses.

    Enron was fraud on a massive scale to hide tremendous losses.

    Backdating options is a lesser fraud that puts more money in the pockets of executives.
    It does not imply that the companies involved are not making money.
    It also hasn't been proven for any company, yet.

    --
    "We can't solve problems by using the same kind of thinking we used when we created them." -- Albert Einstein
  60. Apple/Jobs can do no wrong #3552334 by Anonymous Coward · · Score: 0

    Jobs wasn't molesting that child, he was helping her adjust her panty strap. There is a big difference between molesting a child and simply having your hand on her ass.

    Apple wasn't selling computers to the North Korean government, they were shipping them to northern China THROUGH North Korea and taking payment from the NK government as a convenience for the Chinese. There is a big difference between helping terrorist states and simply using them as a way to get product to those who need it.

  61. Re:"...whether or not Steve Jobs will be able to.. by Anonymous Coward · · Score: 0

    Exactly - I'm at the edge of just giving up on reading Slashdot entirely with the retarded articles coming through lately that don't agree with my fanboyism and point of view. It's always had it to a small degree, but it's just getting worse lately because they actually printed something bad about Apple.

  62. So? by jotaeleemeese · · Score: 1

    If they are selling all their stuff below cost them may be popular but the bussiness model would be broken.

    But we don;t know at this moment in time because the accounting, in the words of Apple, can't be trusted.

    --
    IANAL but write like a drunk one.