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    Stock option backdating cases

    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).As the dust settles on this case, there are lessons to be drawn from that one case and from the plethora of investigations the government commenced on the issue of stock options backdating.As a whole, the investigations demonstrate the wide sweep the government will take when it tackles an issue of corporate fraud.The academics concluded that something funny was going on.The companies were awarding the options later but then marking the awards to earlier dates, when the stock's price was low.The reason for doing this was simple: stock options priced at or above where the stock is trading (aka, "out of the money" options) get favorable tax treatment compared to stock awards priced below the market price (aka, "in the money" options).It was a tax advantaged way for companies to pay executives. Shareholders were correctly told the number of options granted and the price of the options.

    This (too) broad a sweep causes individuals and companies to endure a tremendous amount of needless stress, hardship and expense.But how does that relate to hiring prostitutes and drugging customers without their knowledge?Said another way, do the feds really need to dig that deep to find enough rope to hang executives with?No one's pay was "inflated" by backdating, unless you assume that the alternative would have been awarding executives exactly the same number of options at less-advantageous prices.Which, of course, you shouldn't assume since any sensible employee can see that if his each stock option is worth less, he should get more of them.

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