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31 December
2006 Apple Reveals
Stock Option Errors Computer and
electronics firm Apple
has filed its financial reports on the last
possible day, following delays linked to the
backdating of stock options. The firm said it
took a charge of $84m (£43m) for misdated
options, some of which were awarded to boss Steve
Jobs. But Apple
reiterated that its probe had found no misconduct
by any current management, including Mr
Jobs. Like many other
tech firms, Apple has admitted that some options
awarded to executives had had their dates
changed. The effect of
such a change could make options more lucrative
when cashed in, if the changed date produced a
lower price at which they could be
exercised. Many of the more
than 150 firms implicated in backdating have been
investigated by the Securities and Exchange
Commission (SEC). Apple said it was
providing both the SEC and the Department of
Justice with details of its internal
inquiry. The company also
reported its results for the year ending in
September 2006, which showed a 39% increase in
sales to $19.3bn. Macintosh
laptops, up 43%, and iPods, up 69%, drove the sales
boost - with the iPod numbers resulting in Apple,
for the first time, making more money from selling
iPod music players than by selling
computers. On an unaudited
basis, the firm said it made profits for the year
to September 2006 of $1.99bn - up 50%. The news helped
lift Apple's shares, which closed $3.97, or 4.9%,
higher at $84.80. In its 29
December filing, Apple said: "The board is
confident that the company has corrected the
problems that led to the restatement. It has
complete confidence in Steve Jobs and the senior
management team." The filing
reiterated the findings released in October of its
internal investigation, set up by a special
committee of directors, which cleared current
management. But it also found
that 15 stock option awards between 1997 and 2002
"appear(ed) to have grant dates that precede the
approval of those grants". The firm said the
investigation also voiced concerns about two
unnamed former executives. It remains
unclear exactly what the problem has been, although
several December reports have suggested that
documents may have been altered. During the day
after the reports, Apple's share price sank as much
as 5%, although it later recouped the day's
losses. The new filing
says that while chief executive Mr Jobs did not
himself gain from the backdated grants and was
unaware of their accounting significance, he
nevertheless was "aware or recommended the
selection of" some of the favourable
dates. It also gives
details of the grants which were
misdated. Many, it
suggests, were the result of dating options to when
a compensation committee agreed them, instead of
when the board signed them off. In some cases,
the discrepancy was a single day - although for
many the difference in dates is not
specified. For Mr Jobs,
Apple's founder, the investigation found that one
of two grants made between 1997 and 2002 had the
wrong date. The grant of 7.5
million options was initially approved at a board
meeting in August 2001. They were dated 19 October
and priced at that day's share price of $18.30 - up
from $17.83 at the August meeting. In fact, they
were not finalised until 18 December, by which time
Apple shares were worth $21.01. The investigation
found board sign-off had been "improperly recorded"
as occurring at a 19 October "special board
meeting" - a meeting it said had never
occurred. However, the
company said that no evidence had been found that
"any current member of management was aware of this
irregularity". Both the October
grant and an earlier, correctly-dated one of 10
million options were surrendered by Mr Jobs in 2003
before they were used, resulting in no benefit to
him. Insurance
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