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14 Aug, 2008 1:30 pm
Up until about a year ago, Nancy Heinen, Apple's former general counsel, made regular appearances on
the Law Blog for her alleged involvement in the Apple backdating scandal. (Click here and here for past posts.) Today, it's over. Heinen has
agreed to a settlement with the SEC in which she'll pay $2.2 million ... ,000 in interest and a $200,000 civil penalty. According to this Reuters report, Heinen also agreed to be barred from serving as an officer or director of a public company for five years. ...
16 Apr, 2007 6:37 pm
... former execs - whom Cal Law and other media tagged as ex-GC Nancy Heinen and former CFO and board
member Fred Anderson. The latest word on the government's probe is that the SEC is preparing to file charges against Heinen, and to announce a
settlement with Anderson - perhaps by the end of this month. The reason for the former executives' ... chief Marc Fagel wouldn't talk about the SEC's plans today. One of Heinen's lawyers, Miles Ehrlich of Ramsey & Ehrlich in Berkeley, declined to discuss ...
23 Apr, 2007 6:15 pm
... 's prediction a week ago, the San Francisco Chronicle reports that former Apple GC Nancy Heinen
can expect an SEC suit sometime this week, and former CFO Fred ... in August 2001, wasn't finalized until December, but then was backdated to October. Heinen's defense, the paper says, will be that SEC rules and Apple policies allow a ... the time worked. Either way, it doesn't explain the way a lawyer under
Heinen faked minutes to a nonexistent October board meeting to justify the October date. Surely the ...
12 Jan, 2007 4:45 am
... who documented the Jobs option and the now notorious un-meeting [Ed: iMeeting, surely?], "contends that Apple's general counsel at the time, Nancy Heinen, instructed her to create the false documentation". Howell, Heinen and the Apple CFO at the ... Fred Anderson, are all no longer with Apple, and according to the WSJ, none are talking to investigators - yet. Howell and
Heinen's people are issuing statements that portray their clients' actions as squeaky clean - by pointing their fingers at their ...
24 Apr, 2007 12:16 pm
... above alleged backdating episodes Apple failed to record extra compensation expenses from the options grant. The complaint says that Heinen
understood the accounting implications of awarding an in-the-money options grant - i.e., that Apple would have to record an ... at Ramsey & Ehrlich, issued a statement yesterday.
Here it is in full: It is simply unfair to single out Nancy Heinen for enforcement action from among
the thousands of executives in hundreds of companies all over this country who've ...
25 Apr, 2007 5:56 am
... held a telephone call, either jointly or individually with the members." I assume the SEC includes that detail because it believes Heinen
made that suggestion so that the company could plausibly pretend that a board decision had already been reached on ... $18.30. (That corresponded to the date of one of the compensation
committee calls.) Levinson wrote, "For the record, I informed Nancy [Heinen] in advance of our
intentions and of the above specifics to be certain we were conforming to all legal ...
22 Oct, 2008 4:00 pm
... in the District Court for the Northern District of California San Jose Division alleging that Apple General Counsel, Nancy Heinen and CFO, Fred D. Anderson engaged in improper stock option backdating by using false grant dates that ... of $200,000; and Bars her from serving as an
officer or director of any public company for five years. Finally, Heinen agreed to a separate administrative order that "suspends her from
appearing or practicing before the Commission as an attorney for three years." ...
23 Apr, 2007 9:48 am
... backdating of stock options. The agency is also expected to file civil charges against Nancy Heinen, the company's ex-GC. (Click here for the WSJ story, here ... Heinen did not backdate, and she will defend
herself based on her actions, emails and integrity," said her attorney Christina Arguedas. (Click here ... 's Jerry Roth, who declined to comment. According to the WSJ, the SEC plans to
allege that Heinen approved falsified board minutes. It will also include allegations by Wendy Howell, a junior ...
25 Apr, 2007 1:05 am
... business experts will have a lot to learn from how the case against former Apple Inc. lawyer Nancy Heinen grinds its way through the courts. Because most cases of stock options backdating ... .S. public companies have been settled out of court, and because
Heinen is planning to fight her charges, the case could be one of few played out ... didn't deceive anyone inside or outside of the company.
"Every action Nancy took was fully understood and authorized by Apple's board," Ehrlich stated. (...) [An SEC] ...
24 Apr, 2007 1:08 pm
... . Anderson will pay about $3.5 million in disgorgement and penalties. Former Apple General Counsel Nancy Heinen did not settle with the SEC. Hmmm. A few comments: 1. Heinen did not settle. Why? If she was given the option
to settle, and she did not take ... information from other board minutes to avoid the auditors figuring out that the options were backdated. Heinen did something deceitful that materially impacted Apple's financial statements (by understating expenses dramatically). ...
21 Sep, 2007 9:14 am
... case told The Associated Press Thursday. Jobs was subpoenaed as part of the discovery process in the SEC's civil case against Nancy
Heinen, according to the person, who spoke on the condition of anonymity because the case is ongoing. Heinen is accused of ... been approved during an October 2001 meeting that never occurred. During the SEC investigation that led to the case against
Heinen, Jobs was interviewed. Apple, which conducted a separate probe on the matter, cleared Jobs of any misconduct. An ...
24 Apr, 2007 11:30 pm
... the 2001 MacWorld exhibition and Mr. Job's keynote speech at the exhibition on January 9. He further understood that the January 17 date was selected by Mr. Jobs and Ms.
Nancy Heinen, the former General Counsel, and that the stock price on January 17 was higher than the
price on ... : Jeff Lipshaw dug into the SEC's complaint against Anderson and Apple General Counsel Nancy Heinen, and he concludes: "the use of the [unanimous written consent] in context with the auditors as a means of ...
26 Apr, 2007 7:53 am
... pick the date on which you want to pretend that you granted, or were granted, several million options, might that not at least spur further inquiry? When then-general counsel
Nancy Heinen emailed Apple (AAPL) CEO Steve Jobs such a spreadsheet on January 30, 2001, ...
understand that argument. My question is, if that's your position, how can anybody be feigning shock that Nancy Heinen then went on to file all the false documents that would be required in order to carry out ...
24 Apr, 2007 1:04 am
... 's former GC over her alleged role in the company's stock options backdating scandal, a defense attorney said Monday. Cris Arguedas, a lawyer for Nancy Heinen, said the SEC has informed attorneys in the case that it plans to file a lawsuit against
Heinen alleging fraud in connection with two options grants. Heinen would be the first Apple
executive to face legal action since the company acknowledged it had backdated some grants. Day ...
25 Apr, 2007 6:57 am
... Dealbreaker was on this angle yesterday. Meanwhile the SEC is proceeding against former Apple gc Nancy Heinen. So far Heinen is denying she did anything wrong. One wonders if she, too, will have some interesting things
to say about what Jobs knew once the screws start tightening ... this case, Jobs' "non-appreciation" defense is likely to get more tenuous if people like Heinen, and possibly Anderson, start talking. But here the plot is thicker, because the pursuers have their ...
24 Apr, 2007 9:02 am
... Roth at Munger Tolles. Why issue the statement? Roth told the WaPo: "We thought it was important that the world understand what we believe occurred here." Separately, the SEC
charged Apple's former GC Nancy Heinen, with violating anti-fraud laws and misleading auditors at
KPMG by signing phony minutes for a phony board meeting. Heinen is represented by Cris Arguedas of Arguedas, Cassman & Healy and Miles
Ehrlich at Ramsey & Ehrlich. Ehrlich ...
21 Sep, 2007 1:49 am
... has subpoenaed Apple CEO Steve Jobs to be deposed in the agency's case against the company's former general counsel, Nancy Heinen, according to a source familiar with the case. Observers say the subpoena isn't surprising given Jobs' connection to the specific stock option grants
the SEC says Heinen handled fraudulently. Heinen is accused of falsifying board approval paperwork
for several executive-team grants from February 2001 and a huge grant ...
14 Nov, 2006 5:15 am
Apple Computer on Monday said it had hired I.B.M.'s head lawyer Donald Rosenberg to take over as its new senior vice president and general counsel. Apple's general counsel post has been
vacant since May, when Nancy Heinen abruptly stepped down without explanation. After her departure,
Ms. Heinen reportedly hired a high-profile legal team to [...]
30 Dec, 2006 10:52 am
... we won't be hearing, as we did with Enron, about Steve Jobs' Republican friends. It looks like former GC Nancy Heinen, who may have participated in the improper documentation, might take the fall. Meanwhile, Gregory Reyes of Brocade, who did not receive any backdated
options, is facing criminal charges. Apple's story seems to be that Jobs, possibly unlike Reyes and Heinen, didn't "appreciate the accounting
implications." Just to summarize the emerging blackletter law: It's ok to commit "fraud" ...
31 Dec, 2006 4:37 am
... we won't be hearing, as we did with Enron, about Steve Jobs' Republican friends. It looks like former GC Nancy Heinen, who may have participated in the improper documentation, might take the fall. Meanwhile, Gregory Reyes of Brocade, who did not receive any backdated
options, is facing criminal charges. Apple's story seems to be that Jobs, possibly unlike Reyes and Heinen, didn't "appreciate the accounting
implications." Just to summarize the emerging blackletter law: It's ok to commit "fraud" ...
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