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Apple reports on stock option issues

updated 05:00 pm EDT, Wed October 4, 2006

Apple offers findings

Apple today announced that the special committee of its board of directors has reported its findings after a three month investigation into Apple's stock option practices. The special committee of outside directors, together with independent counsel and accountants, examined more than 650,000 emails and documents, and conducted interviews with more than 40 current and former employees, directors and advisors. Apple initiated this voluntary independent investigation after a management review discovered irregularities in past stock option grants. The investigation found no misconduct by any member of Apple's current management team and that the most recent evidence of irregularities relates to a January 2002 grant.

"I apologize to Apple's shareholders and employees for these problems, which happened on my watch. They are completely out of character for Apple," said Steve Jobs, Apple's CEO. "We will now work to resolve the remaining issues as quickly as possible and to put the proper remedial measures in place to ensure that this never happens again."

In addition, the company said that stock option grants made on 15 dates between 1997 and 2002 appear to have grant dates that precede the approval of those grants. In a few instances, Apple CEO Steve Jobs was aware that favorable grant dates had been selected, but he did not receive or otherwise benefit from these grants and was unaware of the accounting implications.

Apple said that the investigation raised serious concerns regarding the actions of two former officers in connection with the accounting, recording and reporting of stock option grants, but did not provide their names; however, the company said it will provide all details regarding their actions to the SEC.

The company also announced that Fred Anderson, Apple's former CFO, has resigned from its board of directors. Mr. Anderson, who served as CFO from 1996 until 2004, informed the company that he believes it is in Apple's best interests that he resign from the board at this time.

The company and its independent auditors are reviewing the findings of the independent investigation. Management continues to believe, and the audit committee agrees, that Apple will likely need to restate its historical financial statements to record non-cash charges for compensation expense relating to past stock option grants. The company and its independent auditors are reviewing recent accounting guidance published by the SEC, and have not yet determined the amount of such charges, the resulting tax and accounting impact, or which periods may require restatement. The company continues to proactively inform the SEC of its findings.

 
Previous Comments

yeah, sure...

10/04, 05:09pm reply

That's like the Bush administration clearing itself of any negligence in regards to 9/11...

Not to say that Apple = Bush...

Zkatz007

Fresh-Faced Recruit

Joined: May 1999

0

no concept

10/04, 05:24pm reply

Actually, your comment reveals how little you understand the curent corporate governnance market in the U.S. This report is an important component of creating SarbOx and similar governance requirements transparency in Apple's stock option grant process.

Pale Rider

Junior Member

Joined: Sep 2000

0

Pity...

10/04, 06:44pm reply

...about the loss of Fred Anderson -- maybe he can now migrate to Disey's board :-0

Seriously, Anderson is a good man, and his work largely contributed to help Apple rebound during the return of Jobs...

ZinkDifferent

Fresh-Faced Recruit

Joined: Jan 2005

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Anderson

10/04, 10:11pm reply

First, Anderson is likely one of the two culprits Apple is spilling the beans on to the SEC. Afterall, he was the head accountant. You know the one Jobs trusted, and kept on board when Jobs returned to Apple. It was Anderson's job to tell Jobs what accounting practices were legal, and what ones were not. Accordingly, this whole mess is because of Anderson.

He may be a good man in some regards, but when it comes to making millions of dollars at the stock holders expense, I suspect he is not so good.

Second, I suspect Anderson is going to be too busy defending himself against Apple shareholder suits and inquiries from the SEC to join Disney's Board.

Terrin

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Joined: Jan 2006

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