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To: sandeep who wrote (68954)9/21/2007 11:24:27 AM
From: y2kate  Respond to of 213177
 
I hear what you're saying, I think...but honestly, the gist of that argument sends a shudder through me...

Isn't that how all police states justify their tactics?

We can tap your phones and invade your privacy and do whatever we want...because ...if you haven't done anything wrong...what are you afraid of? You'll be fine...

I'm no lawyer, but have many in my family...the law is a slippery business, as much an art as a science. What I think some of us are reacting to here strongly is the idea that this might be, as much as anything, politically motivated...and the knowledge that Steve Jobs is an honest businessman as well as a creator and innovator.



To: sandeep who wrote (68954)9/21/2007 11:55:14 AM
From: Lizzie Tudor  Read Replies (1) | Respond to of 213177
 
sandeep Jobs isn't different. Thats the problem. But what I am trying to tell you is that this was not considered a crime, then. Don't you remember what it was like in 2000? There was NO perceived value to stock options, none! What the feds are doing is retroactively applying laws that apply TODAY, to THEN, using some arcane wording that existed in the GAAP rules that people had been ignoring for 30 years. So a large corporate oversight- what to do- the answer is initiate a suite of FINES and move on!

I posted here how the lawyers in the Reyes case blatantly lied to the jury saying Reyes and his "accomplice" Hid the practice of backdating employee stock options plans to their finance dept when in fact their VP accounting felt that no expensing was required. Is it OK for the justice department to LIE to a jury in your mind? This is what *every* company is now going to face, including MSFT.

Employee stock options plans are hard to manage. You have hundreds of employees starting in a quarter, just give them the lowest price within one quarter, give me a break. Thats all Jobs, Anderson and Heinen were doing.

The prosecution tries to defend its arguments by claiming that BOSSI never advised Mr. Reyes that look-backs were permissible. That is a straw man, because the defense never argued that BOSSI had so advised Mr. Reyes.2 Rather, the defense proved that BOSSI had advised the Human Resources department that look-backs within the quarter were permissible. BOSSI did because he ??thought that it might be allowable to ??look back?? within a fiscal quarter in the context of the committee of one.?? (7/13/07 BOSSI 302, at 1); see 11/29/05 interview at 8 (??BOSSI did not initially see the look-back as posing any major accounting issues as long as a grant was made within the quarter.??).

This is exactly like McCarthyism where some grandstander saw a way to make a name for himself and used a tricked a lot of stupid people into hysteria over communism. But the problem is the people being tricked in this case are investors, aren't you smarter than that?

I continue to believe that the DOJ lawyers heading this up, One Timothy Crudo and Mike Reeves, should be DISBARRED.