Apple Releases Financial Results, Discusses Options Scandal

Apparently Microsoft backdated stock options as well.

According to this story, Microsoft's practice was well-known at the time... http://www.mercurynews.com/mld/mercurynews/business/14841898.htm

Many companies have employee stock purchase plans with similar features - but it's above the table and accounted for in the reports. (E.g. it's common for an ESPP to give the employee the better price of the closing price at the beginning and ending of the purchasing period.)

These seldom involving falsifying records of meetings that did not take place, however.
 
Who knows? We're in an entirely new environment (post-Enron) where board room misdealing are concerned. The Enron situation itself was obviously different, and far, far more serious -- but the Jobs defense is eerily similar. If Jobs gets caught in a web of "should have known," or even worse, "did know but claims ignorance," then I can see him being forced to step down. We're obviously not there yet, but keep in mind admitting wrongdoing is not the same as being exonerated for wrongdoing. Apple can't give themselves a pass. Only the SEC and the courts can do that.

Well, it seems that you "could care less" about my investments, because you accused me of "having something to gain" from the stock going down. The only way to respond to this patently ridiculous accusation is to demonstrate how completely wrong it is.

Did you read the article I posted? Are you prepared to comment on it? Have you supplied any evidence for your theories? Any at all?

If you can't answer affirmatively to all of these questions, and if you insist on making personal accusations, then I have to suggest that you back off, before you get yourself in hot water.



IJ Reilly said,

“This strains belief, and sounds suspiciously like the Ken Lay defense. It didn't work for Lay, where far more complicated financial dealings were involved, and I would not expect it to work for Jobs.”

I responded,

But what happened to Enron is not the same situation at all with Apple.

You said,

Who knows? We're in an entirely new environment (post-Enron) where board room misdealing are concerned...the Jobs defense is eerily similar. If Jobs gets caught in a web of "should have known," or even worse, "did know but claims ignorance," then I can see him being forced to step down...”

Next,

You said,

“If it can be shown that Jobs knew that the back-dated options (not just his!) should have been reported as expenses in the company's balance sheet, then his goose is almost certainly cooked. The problem is, it should not be hard to demonstrate that he knew, or at least should have known. The effort to blame all of this on two departed execs is probably not going to be enough to save him if the feds decide to pursue this issue.

Unfortunately, I can see plenty of reasons why it could turn far less than fine, and so can quite a number of people who understand these issues. The feds are not going to care two hoots about how important Jobs is to Apple.

Bottom line: I can't afford wishful thinking. I've got too much of my own money at stake.”

(Fine, but where is the source to back this up? And what people understand these issues?)

I said,

“I was saying is that the shareholders aren’t going to want him to step down. He might get fed up with them, and whatever they take out of his pocket with a lawsuit, he can demand twice as much the next year, cash.

I think this is why the board is supporting him.

I’m not suggesting how anyone should invest their own money.”

I’m just not jumping to conclusions.”

You also added,

“True, but Apple being in even worse company does not improve their situation where the law is concerned, and all the mea culpas in the world don't cut much ice with federal prosecutors. They very well might want to make an example of somebody, preferably a prominent somebody, and Apple and Steve Jobs might just be the big fish they're looking for. We just don't know.”


That’s all there was to it. You are lobbing bomb shells but can’t back it up.

Why not respond to the link I posted for Micro Soft back dating stocks?
 
Why not respond to the link I posted for Micro Soft back dating stocks?
I responded, and so did he.

Backdating per se (as in, rewarding options at a historical price) is not illegal. Options can be awarded at any desired price - I could be awarded options for a stock at $1, even though the current price is $20.

If you give me options for $1, though, you need to reflect in the books that the real cost is $19.

If Microsoft reflected the options cost accurately, then there was no foul play. (Also note, however, that the rules for accounting for the real costs of options have recently changed. What Microsoft did last century doesn't have to be held up to the post-Enron ruleset.)

I think that the L.A. Times article describes the real issues and risks for Apple quite clearly. Please go to http://www.latimes.com/business/la-fi-apple30dec30,1,5846395.story and read that, and tell us how that analysis contradicts the points that IJ, myself and others have been making.
 
I responded, and so did he.

Backdating per se (as in, rewarding options at a historical price) is not illegal. Options can be awarded at any desired price - I could be awarded options for a stock at $1, even though the current price is $20.

If you give me options for $1, though, you need to reflect in the books that the real cost is $19.

If Microsoft reflected the options cost accurately, then there was no foul play. (Also note, however, that the rules for accounting for the real costs of options have recently changed. What Microsoft did last century doesn't have to be held up to the post-Enron ruleset.)

I think that the L.A. Times article describes the real issues and risks for Apple quite clearly. Please go to http://www.latimes.com/business/la-f...,5846395.story and read that, and tell us how that analysis contradicts the points that IJ, myself and others have been making.


That link is down

Otherwise have a good New Years!
 
So, breaking laws and regulations is OK if the stock goes down and you don't make a profit?

Where did I say that?

It's bad enough that you've already lost every argument that you're in. Making things up and pretending that someone else said them is even worse.
 
I said that the situation was different than the case you cited because Jobs didn't profit by it.
There are other differences as well, which you didn't mention (Apple is an MP3 player maker, the other company is in health care.)

I therefore can only take your comment (that SJ didn't profit) to mean that not making money off the crime is a mitigating factor in Jobs' favor.

Therefore, my question about situational ethics - if it is OK to commit the crimes if you don't profit.

Perhaps you could hone your writing skills, and explain why in your opinion Jobs not making a direct profit makes a difference.
 
Happy New Year to all - the thing that I think we can all agree on is that Apple & Steve stepped into it on this dumb move and now wish that a different course of action had been taken earlier.

Repeating my previous point on this topic - it may be an inexpensive lesson for Steve / Apple / the Board of Directors / et.al. assuming no other wrong doing comes to light.

The group that developed that pathetic press release that "Steve did not...... understand the accounting implications" should all be fired. That is on par with the infamous Clinton "but I did not inhale" comment several years ago. Corporate spin and neither HONEST NOR TRANSPARENT.

Lets hope the courts and SEC drive this to a conclusion rapidly and fairly. We do not need this type of distraction to the Apple focus and performance.
 
That link is down

Otherwise have a good New Years!

You don't need the link. I reprinted the story in full in post #75. Now I know why you refuse to respond to the facts presented in this story -- because you apparently refuse to read it.
 
Happy New Year to all - the thing that I think we can all agree on is that Apple & Steve stepped into it on this dumb move and now wish that a different course of action had been taken earlier.

Repeating my previous point on this topic - it may be an inexpensive lesson for Steve / Apple / the Board of Directors / et.al. assuming no other wrong doing comes to light.

The group that developed that pathetic press release that "Steve did not...... understand the accounting implications" should all be fired. That is on par with the infamous Clinton "but I did not inhale" comment several years ago. Corporate spin and neither HONEST NOR TRANSPARENT.

Lets hope the courts and SEC drive this to a conclusion rapidly and fairly. We do not need this type of distraction to the Apple focus and performance.

Apple's explanation for Steve's role in this affair is sadly more like Ken Lay than Bill Clinton. The ignorance defense is really weak.

Unfortunately, it seems the distraction will continue well into 2007. Even if the SEC quickly decides that the matter is closed (which seems frankly unlikely) then you've got the prospect of the consolidated stockholder class action suit grinding its way through the courts at the usual slow-motion pace. Given Apple's admission that irregularities occurred, the stockholder suits are unlikely to be dismissed by a judge. So the only way they can be resolved quickly is if Apple settles, and I don't suppose the attorneys for the class action suit are going to be very motivated to accept a settlement before the SEC rules on the matter.
 
I liked this one from CNN. This seems to be right in line with my assessment.


http://money.cnn.com/2006/12/29/technology/apple_jobs/index.htm?postversion=2006122911


But despite the fact that Jobs' name had surfaced more prominently in the most recent accounts of Apple's options problems, several Wall Street analysts said before the filing Friday that they thought Jobs would be exonerated.

"Any time a CEO is at risk of being, for lack of a better word, forcibly removed, then investors should be concerned. But do I believe that Steve Jobs' job is at risk? That's an unequivocal no," said Jonathan Hoopes, an analyst with ThinkEquity Partners.

Hoopes added that he did not think that there was much in the way of significant new disclosures about Apple in the past few days and blamed the sell-off on the inexperienced traders working the holiday week.

SEC crackdown?

Another analyst wrote in a report Thursday that since the options backdating problems have affected so many companies, it's unlikely that Jobs will get singled out by the SEC for any wrongdoing.

"Our sources estimate that options backdating is a widespread and commonplace problem in the Fortune 500, affecting potentially as many as 30-35 percent of companies. Given the widespread nature, we doubt the SEC and Department of Justice will pursue a broad 'witch hunt' forcing key executives to step down that would undermine the recovery of the U.S. economy," wrote American Technology Research analyst Shaw Wu.

The SEC has not commented as to whether or not it is looking into Apple's options practices.

"Not to sound like conspiracy theorists, but we do not believe it makes sense for the U.S. government to nail AAPL and Steve Jobs, one of the most respected American companies and businessmen of the past 100 years," Wu added.
 
My guess is that the "distraction" will die down fairly soon (absent new problems). Like Reilly, I have a significant investment in Apple stock and want to see my company out of the headlines for this type of thing.

Also - as a general comment to all - many of these "analysts" have little, if any, insight beyond what many of us have. They are often quoted - but that does not confer any particular insight as far as I am concerned.

One of the real challenges with the internet is that a position on any topic can be drug up to lend support to a point of view. They can tend to be viewed with equal validity when in fact...........:rolleyes:
 
You don't need the link. I reprinted the story in full in post #75. Now I know why you refuse to respond to the facts presented in this story -- because you apparently refuse to read it.



Your the one who brought up your own personal portfolio, not me. You should have simply stated that stocks were likely to go down, then backed this up. (which is still backing off some of your other conspiracy theories) I still can’t understand why anyone would want to disclose their personal finances on the internet. Which is why I questioned some other ulterior motive, for your own decision to drag your personal issues into what is supposed to be an objective discussion.

You claimed that you had a personal vestment, and I only speculated on exactly what you meant by a claim that was completely out of context.

Otherwise I will agree that it was more information than we deserved, so there, be happy, you made one valid point.
 
One other observation is that the Compensation Committee of the Board has FAILED miserably in their duties - that group needs to be reconstituted as well.
 
Your the one who brought up your own personal portfolio, not me. You should have simply stated that stocks were likely to go down, then backed this up. (which is still backing off some of your other conspiracy theories) I still can’t understand why anyone would want to disclose their personal finances on the internet. Which is why I questioned some other ulterior motive, for your own decision to drag your personal issues into what is supposed to be an objective discussion.

You claimed that you had a personal vestment, and I only speculated on exactly what you meant by a claim that was completely out of context.

Otherwise I will agree that it was more information than we deserved, so there, be happy, you made one valid point.

I brought up my investments only in response to a personal attack that you should not have made in the context of this or any other "objective discussion."

I have offered up no "conspiracy theories." This is another ridiculous accusation that you continue to make completely in contradiction of the facts. Once again, I will advise you that personal attacks are not permitted in this forum.
 
like many i certainly made money on this. i placed a limit order for just under 80 bucks per share.

anyway, Jobs DID profit on this, but not illegally. He voluntarily cancelled the options in question in March 2003 in exchange for 5 million shares of restricted stock. After the 2-for-1 split in February 2005, he now holds 10 million in restricted stock. After Friday's close of $85 per share, the $7.45 a share exercise price of Jobs' restricted shares makes them worth $775 million.
 
My guess is that the "distraction" will die down fairly soon (absent new problems). Like Reilly, I have a significant investment in Apple stock and want to see my company out of the headlines for this type of thing.

Also - as a general comment to all - many of these "analysts" have little, if any, insight beyond what many of us have. They are often quoted - but that does not confer any particular insight as far as I am concerned.

One of the real challenges with the internet is that a position on any topic can be drug up to lend support to a point of view. They can tend to be viewed with equal validity when in fact...........:rolleyes:

Ah, but apparently we're not allowed to express our concerns as stockholders, lest we be accused of being "bomb throwers" and "conspiracy theorists." ;)

A few days ago, I'm almost certain it was before Apple released their report, Gene Munster, an analyst who follows Apple very closely said he thought the chances of Jobs being forced out was something on the order of 5% (a paraphrase, I don't recall his exact words). I have no idea how he arrived at that number, and I don't know if he's been on the record since the report was released, but I agree in general that analysts are a dime-a-dozen, and like economists, one can be found to represent virtually any opinion. In my mind, they essentially cancel each other out. This is why I found the quotes from the two former federal prosecutors in the LA Time article so worrying -- these people are far more likely to be on top of the kinds of matters the SEC can be expected to pursue than any given stock market analyst.
 
Gotta disagree a wee little bit. Getting into legal trouble with the SEC for fraud, theft, misleading, whatever, is courting disaster. I don't think that any listed, publicly held company like Apple and Jobs can take that risk.

There are obvious exceptions like Enron, but they were headed over the cliff anyway. They got into legal trouble for their stealing ways as the roof was coming down. Apple is on a market run and I can't believe that those stock options would be worth the damage. Look at what happened to AAPL stock in the days that their legal trouble was announced: from 92 to 82 with 900 million shares outstanding of means a change in market value of 9 billion dollars.

That is a lot of money, even to me...!
 
...anyway, Jobs DID profit on this, but not illegally. He voluntarily cancelled the options in question in March 2003 in exchange for 5 million shares of restricted stock. After the 2-for-1 split in February 2005, he now holds 10 million in restricted stock. After Friday's close of $85 per share, the $7.45 a share exercise price of Jobs' restricted shares makes them worth $775 million.
A "grant" is a gift of stock. There is not "exercise price", Jobs was given 10 million shares (after the split).

He's already sold almost half of them...

http://www.appleinsider.com/article.php?id=1621

Apple's Jobs pays $295M in taxes on 10M vested shares

By Kasper Jade

Published: 06:00 PM EST
Apple Computer chief executive Steve Jobs this month used over 4.5M of the 10M restricted shares owed to him by the company to pay income and other employment taxes applicable to those shares, AppleInsider has discovered.​
 
Happy New Year Aiden!!

What are you going to do if nothing comes of all this ?

Where have I said that I expect "something" to come of this?

I think the gist of my arguments has been to point out to some of the rabid fanbois "what could happen" when they've made posts like "Well I'm glad Apple got away with this one with a slap on the wrist.".

In my opinion, I don't think that it's very likely that Jobs will be forced out.

On the other hand, this business of falsifying records is very serious - if it turns out that Jobs knew about that he'll have to fall on the sword.
 
A "grant" is a gift of stock. There is not "exercise price", Jobs was given 10 million shares (after the split).

He's already sold almost half of them...

http://www.appleinsider.com/article.php?id=1621

Apple's Jobs pays $295M in taxes on 10M vested shares

By Kasper Jade

Published: 06:00 PM EST
Apple Computer chief executive Steve Jobs this month used over 4.5M of the 10M restricted shares owed to him by the company to pay income and other employment taxes applicable to those shares, AppleInsider has discovered.​

you (or appleinsider) are mistaken. i don't feel like volleying posts with you, but...

he was given 5 million in 2003 (before the split), that became 10 million in 2005 (after the split). exercising an option and the exercise price associated with restricted shares are two totally DIFFERENT concepts. He was awarded the restricted stock for a post-split equivalent of $7.45 per share.

see this link...
http://www.newsalert.com/news/story...0653-D475-4C07-BE2B-F2620628A70F}&dist=TNMKTW
 
On the other hand, this business of falsifying records is very serious - if it turns out that Jobs knew about that he'll have to fall on the sword.

Exactly. As I've said already, we can't claim to know the full story, because Apple hasn't really related the full story, most importantly the details of a crucial board meeting that apparently did not actually occur. Neither can any of us claim to know whether the SEC will pursue the matter any further. We only know that if they do, Apple, by its own investigation, has loaded of couple of bullets in the SEC's gun. We can only hold our breath and wait. In the meantime, this AAPL investor's knuckles are going to be even a little whiter than usual.
 
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