<![CDATA[Gawker: valleywag, nancy heinen]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: valleywag, nancy heinen]]> http://gawker.com/tag/valleywag/nancyheinen http://gawker.com/tag/valleywag/nancyheinen <![CDATA[Did Apple's Ex-CFO Rat Out Steve Jobs?]]> Forbes has a cover story on how Steve Jobs got himself in hot water with the SEC over stock options. The magazine is part-owned by former Apple CFO Fred Anderson. Do the math.

Amid SEC charges that Apple management had shifted the dates of stock options to benefit executives, including Jobs, Anderson, and former general counsel Nancy Heinen, the company took an $84 million charge in 2006. Jobs and Apple settled a shareholder lawsuit for $14 million, but avoided trouble with the SEC. Anderson and Heinen paid $3.5 million and $2.2 million in fines respectively, without admitting guilt.

The episode caused a major rift between Anderson and Jobs. Anderson had left Apple in 2004, but stayed on the board until the scandal led to his resignation in 2006. In the meantime, Anderson had joined Elevation Partners, a private-equity firm in Silicon Valley. As the stock-options scandal grew, Anderson and Jobs pointed fingers at each other, at one point issuing dueling press releases shifting the blame. Anderson has long maintained that Jobs knew more about the options chicanery than he has let on.

Elevation, which also counts famed Valley investor Roger McNamee and U2 frontman Bono as partners, backed Palm, a rival to Apple in the smartphone business, and recruited a former top Apple executive, Jon Rubinstein, as Palm's executive chairman. No one in Silicon Valley honestly believes this is a coincidence.

Forbes is another Elevation investment. The May 11 story, written by Bill Barrett and teased on the cover, centers on the 118-page transcript of a three-hour interview Jobs gave SEC examiners trying a case against former Apple general counsel Nancy Heinen, which the magazine obtained at some difficulty through a Freedom of Information Act. In the interview with SEC examiners, Jobs complained that the board was not looking out for him and he had to ask for a generous stock-options package, but maintained that he was largely unaware of the backdating and ignorant of the accounting consequences. (Backdating is not illegal by itself, but requires notice to shareholders and a charge to earnings, neither of which Apple undertook at the time it backdated options.)

Excellent journalistic work on Barrett's part. But here's the question: How did Forbes know precisely which document to ask for? It always helps to have well-connected sources. And it's hard to imagine who would be better placed to know the details of the case than Anderson.

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<![CDATA[Apple settles options backdating lawsuit, will receive $14 million]]> Insurers will pay Apple $14 million in a settlement of a suit brought by shareholders against the company's executives. This brings the scandal over backdated options — where company officials changed the date of option grants so that executives like CEO Steve Jobs would have a lower strike price, without accounting for it in the company's books — pretty much to a close after the SEC settled its case against former corporate counsel Nancy Heinen. The $14 million will neatly cover an estimated $8.9 million in attorney fees and expenses. [AP] (Photo by Getty/AFP)

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<![CDATA[Steve Jobs accused of fraud in class-action suit]]> Last Friday, shareholder plaintiffs filed suit against San Jose District Court against Apple CEO Steve Jobs, former CFO Fred Anderson, ex-general counsel Nancy Heinen, and members of the company's board of directors looking to reclaim the $7 billion in lost stock value when the company restated its financials in the wake of a — let's say it — hopelessly boring stock-option scandal that takedown-hungry journalists cared about far more than their readers. Let's be real: If anyone really cared about Jobs's fudging of stock-options grant dates, would it have taken so long to drum up some outraged shareholders? This smells of bored lawyers. The old-news complaint:

The defendants knew that options were not granted on the dates that were disclosed to shareholders and falsified the company's records to create the appearance of illegality, and thus bear direct responsibility for their actions.

A previous suit was dismissed because the actions by Apple directors and executives in 2000 and 2001 were too old for courts to consider. We're not sure yet what's so different about this case, except that it's well-timed for bad publicity ahead of the iPhone 3G launch.(Photo by AP/Paul Sakuma)

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<![CDATA[Apple's top lawyer turns into a short-timer]]> The lawyer is leavingThe innocent spin being put on top Apple lawyer Don Rosenberg's departure is that he got a better offer from Qualcomm. But Rosenberg, a decidedly gray figure who came to Apple from Big Blue, served as the company's general counsel for less than a year. He filled a post that had been empty for six months after Nancy Heinen left amid a stock-backdating scandal. And Rosenberg's replacement, Dan Cooperman, comes from Oracle, where he worked for Larry Ellison. Ellison, like Jobs, is a famously temperamental founder-CEO. He's also a close friend of Jobs, and used to serve on Apple's board of directors. This all seems quite cozy, and curiously timed. Anyone know the back story here — and why Apple keeps chewing through its top lawyers?

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