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CLOSE X Please confirm your selection: You have selected to change your default setting for the Quote Search.Stock options granted with an exercise price below the then current fair market value have intrinsic value equal to the difference between the market price and the strike price. Options backdating may still occur under the new backdating regulations, but Sarbanes-Oxley compliant backdating is far less likely to be used for dishonest reasons due to the short time frame that is allowed for reporting. Granting stock options to employees is a generally accepted and perfectly legal form of compensating employees.Last week the Do J brought criminal charges against two Brocade Communications Systems executives, while the SEC filed a civil suit against the same two and the CFO.
But the prosecutors would have to show that the backdating process was a deliberate attempt to mislead investors, rather than neglect on the part of the executives to properly understand and implement backdating.For example, the IRS disallows certain corporate tax deductions for in-the-money options, but it allows them for performance-based pay.