In its delayed annual filing with the SEC, Apple Computer said this morning that CEO Steve Jobs was "aware or recommended the selection of some favorable grant dates," but insisted "he did not receive or financially benefit from these grants or appreciate the accounting implications." A special committee appointed by the company to investigate stock options grants had serious concerns with two unnamed former officers in connection with the accounting, recording and reporting of stock-option grants: Of 42,077 stock-option grants made between October 1996 and January 2003, 6,428 grants on 42 dates have been deemed as not the proper measurement dates. Of two option grants awarded to Jobs, one was improperly dated Oct. 19, 2001, with an exercise price of $18.03, instead of the correct date on Dec. 18, when Apple was trading at $21.01. That stock-option grant was for 7.5 million shares. Apple is restating its after-tax earnings by $4 million, $7 million, and $10 million in fiscal 2006, 2005 and 2004, respectively, and is taking an $84 million non-cash charge as a result. The committee said the board is confident the company has fixed its problems and has "complete confidence" in Jobs and senior management. Apple shares were up 1.2% in Germany.
• Sources: Apple SEC filing (10Q), Apple press release, MarketWatch, Wall St. Journal
• Related commentary: Disney's Pixar, Founded by Apple CEO Jobs, Under SEC Investigation, Apple Stock Drops Sharply On Report of Faked Options Docs, Apple : Jobs Should Win This Battle Too, Apple Options Uncertainty: Responses, With All the Focus on Apple 's Options Issues, When Will We Hear About Microsoft's?, Apple Options Rumors: Getting to the Core, UBS: Apple Options Fears Overdone. Conference call transcripts: Apple F4Q06
• Potentially impacted stocks and ETFs: Apple Computer Inc. (AAPL), Walt Disney Company (DIS)
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