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“To the contrary, his notes make it explicit that Deason thought ACS’s option practices were perfectly legal,” Rosenberg was quoted as saying.“The statement in his notes that ACS granted options at the lowest price ‘so far’ was thoroughly reviewed by the independent investigators.” Dallas-based Affiliated Computer Services provides information technology outsourcing for human resources, finance and accounting, payment services and other business needs.Xerox indicated that ITO did not line up with its vision of integration of BPO (business process outsourcing) and the legacy document handling concerns.On January 3, 2017, a company called Conduent was spun off as a divestiture from Xerox. Securities and Exchange Commission (SEC) notified ACS that they were conducting an informal investigation into certain stock option grants made by the company from October 1998 through March 2005.The business scope of Conduent was generally understood to be essentially identical to that of the former Affiliated Computer Services (ACS). This was due to the improper and unethical practice of back-dating stock options to specific low points in the stock value.ACS said the executives improperly backdated the price of options grants during a period from 1994 to 2005.CEO Mark King and CFO Warren Edwards, both implicated in the wrongdoing, resigned immediately.
The Journal quoted Marc Rosenberg of Cravath, Swaine & Moore LLP, an attorney for Deason, as saying his client had never backdated a stock option and didn’t think anyone else was backdating options at ACS.
C., alleges that from 1995 to 2006, ACS engaged in a fraudulent and deceptive scheme to provide executives and other employees with undisclosed compensation.
ACS, through its former CEO and its former CFO, backdated the grant dates of ACS stock options to coincide with the dates of low closing prices for the company's stock and then filed periodic reports with the SEC that omitted necessary expenses for backdated options.
We examine the role of board connections in explaining how the controversial practice of backdating employee stock options spread to a large number of firms across a wide range of industries.
The increase in the likelihood that a firm begins to backdate stock options that can be explained by having a board member who is interlocked to a previously identified backdating firm is approximately one-third of the unconditional probability of backdating in our sample.
The $18.4 million buyout of his backdated options resulted in no bonuses to be handed out to the entire company.