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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."

46 of 159 comments (clear)

  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 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.
    3. 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.
    4. 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.
    5. 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
    6. 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

    7. 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.

    8. 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.
    9. 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.
    10. 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.
    11. 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

    12. 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
  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 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.
    5. 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.
  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 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.
    2. 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
    3. 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
    4. 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)

    5. 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.

  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.

  7. 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.

  8. 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.

  9. 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
  10. 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.
  11. 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?

  12. 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.

  13. 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"

  14. 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.

  15. 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.

  16. 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 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
  17. 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.
  18. 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.

  19. 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.
  20. 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
  21. 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.
  22. 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