To: Kip S who wrote (68664 ) 9/16/2007 5:56:26 AM From: Lizzie Tudor Respond to of 213177 Let's stop now and see if the wrongs that have been done can be undone. Thats the position I have always held. For criminal activity you need intent and I don't believe criminal intent is possible for a 30 year old, widespread business practice. The reason 1/3 the companies in the fortune 500 are involved in this scandal is not because 1/3 of the CEOs are crooks. Isn't that obvious? Not to people here, apparently. This matter should have been handled with fines, and we should have moved on. The people in silicon valley were looking forward to this Reyes case because we have been harassed by the DOJ for 3 years now. Reyes was the lowest bar of options prosecutions. In the Reyes case you had a guy who didn't benefit materially - most execs participate in the same options plans as employees but in his case he did not. There hasn't been a financial fraud case that won where the accused didn't benefit since 1933 (probably after the LAST stock market bubble witch hunt). We never thought, in a million years they would actually find him guilty on that weak evidence. Now everybody is scared sh!tless. But the really disappointing this is the investor community *applauding* this miscarriage of justice. And after the verdict, the DOJ sent out a ton MORE of these wells notices. Had Reyes been found innocent, because he had no intent, the matter would have been put to bed. In order to applaud this behavior from the DOJ, investors need to figure out a way to get apple, msft and other "star" companies off the hook so they are making excuses rather than do the right thing and admit this entire episode is overreaching. BTW on a tangential note, the DOJ lied to the jury in their closing arguments in Reyes that the CFO was in the dark about the backdating. This is how desperate the DOJ is to get their man. This was pointed out to the judge and he STILL didn't toss the case. There is so much widespread venom being cast towards business leaders (partially based on witch hunts like this and whats happening at Dell) that even JUDGES aren't impartial. Here is a sarcastic blog post from the best legal blogger about this BS the SEC is pulling to get Apple off the hook:SEC sees Apple backdating as one-woman fraud spree legalpad.blogs.fortune.com This woman no doubt has a family and her life is now destroyed. The SEC knows it, but no matter, they are on a life destroying binge.