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Posted by / 10-Dec-2016 06:00

Backdating probe

(Under APB 25, the accounting rule that was in effect until 2005, firms did not have to expense options at all unless they were in-the-money.

However, under the new FAS 123R, the expense is based on the fair market value on the grant date, such that even at-the-money options have to be expensed.) Because backdating is typically not reflected properly in earnings, some companies that have recently admitted to backdating of options have restated earnings for past years. The exercise price affects the basis that is used for estimating both the company's compensation expense for tax purposes and any capital gain for the option recipient.

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ESOs are usually granted at-the-money, i.e., the exercise price of the options is set to equal the market price of the underlying stock on the grant date.

A copy of the December 2, 2011 settlement stipulation …

Continue Reading In a development that undoubtedly will attract comment and controversy, fourteen former Lehman Brothers executives – including former Lehman Chairman and CEO Dick Fuld (pictured) –have reached an agreement to settle the consolidated securities class action litigation that has been filed against them for million.

The Smiths have made 16 appearances at Brooklyn Supreme Court since 2009, and are still fighting the company to get the interest rate on their home loan lowered to 4 percent from 6.75 percent. “If you miss a deadline in this madness, they turn around and say that defendant failed to respond, move toward a summary judgment, and move toward eviction.” David Millar, an Ocwen spokesman, declined to comment on Smith’s letter but said the backdating “wasn’t purposeful.” Ocwen CEO Ron Faris on Friday sent a letter to homeowners apologizing for the “inadvertently misdated” letters, and said the company is hiring an independent investigator to look into the issue.

Of the different contexts within which securities class action lawsuits arise, one of the most significant is the bankruptcy context.

18 or 19, 2010, demanding financial information, pay stubs, bank statements and tax forms in order to modify the terms of Smith’s mortgage, he told The Post.

An example illustrates the potential benefit of backdating to the recipient.

The Wall Street Journal (see discussion of article below) pointed out a CEO option grant dated October 1998.

Because the option value is higher if the exercise price is lower, executives prefer to be granted options when the stock price is at its lowest.

Backdating allows executives to choose a past date when the market price was particularly low, thereby inflating the value of the options.

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Those letters were backdated more than 30 days, making it impossible for homeowners to modify their mortgages and increasing the likelihood of default.