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    Broadcom options backdating indictment dating services fling

    There has been widespread news coverage of the dramatic December 15, 2009 decision of Central District of California Judge Cormac Carney to throw out the options backdating related criminal charges against Broadcom co-founder Henry T.Nicholas III and CFO William Ruehle, based on prosecutorial misconduct.The Santa Monica, Calif., videogame company said on July 28 that the SEC has asked the company for documents related to its stock-option grants as part of an informal inquiry.The company also said its board has appointed a special subcommittee of independent directors to conduct an internal review of the companys historical stock-option grant practices. 25 the company said it appears likely that actual measurement dates for certain historical stock-option grants will be found to differ from the recorded grant dates for such awards.The Commission’s action was stayed at the request of the United States Attorney’s Office pending the criminal trial….

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    Ruehle and current or former officers of Irvine, Calif.-based Broadcom Corporation, engaged in a scheme to backdate stock options at the company from 1998 to 2003.But even though many of press accounts have reproduced some of Judge Carney’s harshest words – particularly his statement that the government’s treatment of a third defendant, Henry Sameuli, was "shameful and contrary to American values of decency" – the excerpts do not come close to capturing the depth and breadth of the Judge’s condemnation of the prosecutor’s conduct.The transcript of the December 15 hearing at which Judge Carney delivered his ruling can be found here.Yet, at the end of the day, the government only brought a handful of charges from all the investigations it opened.This is a scenario we have seen repeatedly since the fall of Enron — the government does not want to be accused of being asleep at the switch (Enron) or of failing to notice and act upon obvious clues of misconduct (Madoff).

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