Broadcom backdating options
Molly White, an SEC spokeswoman, declined to comment.
, a case stemming from Broadcom Corp.'s (Broadcom) .2 billion restatement of its historic financial statements for 1998 through 2005—the largest restatement in history due to options backdating.
Samueli had admitted lying to the Securities and Exchange Commission. The jury in his case was due to hear closing arguments on Thursday.
“To submit this case to the jury would make a mockery of Mr.
Besides dismissing the criminal options-backdating cases, Carney also dismissed the Securities and Exchange Commission’s lawsuit.
The commission had sued Nicholas, Samueli, Ruehle and Dull in May 2008.
Broadcom was forced to reduce its earnings by .2 billion because of the backdating – the largest restatement of any company facing a federal investigation.
Broadcom President and Chief Executive Scott Mc Gregor said in a statement that Carney’s decision removes “an issue that, for some observers, may have partially obscured Broadcom’s tremendous business successes.” Broadcom conducted an internal investigation into the backdating, which faulted Nicholas, Ruehle and Tullos, who testified as a government witness in Ruehle’s trial. She had pleaded guilty to one count of obstruction of justice for ordering a subordinate to delete an e-mail about backdating.
“I always had hope and confidence that the truth would come out in the end, and as the trial progressed (and) I heard what the judge was saying, I had more confidence,” Ruehle said afterward.Outside the courtroom, Samueli called Carney’s ruling “the ultimate vindication” for the defendants and Broadcom, which he said had been “smeared and hurt” by the case. Attorney George Cardona responded that the government respectfully disagreed with the judge’s ruling. I hope you understand we disagree,” Cardona told the judge.The collapse of the government’s case against Broadcom was due, in the judge’s mind, to the conduct of federal prosecutor Andrew Stolper – who had become the recent focus of Ruehle’s trial. The judge said the government’s treatment of Samueli was “shameful,” describing it as a “campaign of intimidation and misconduct” intended to bring him down. Stolper’s actions are the subject of an investigation by the U. Department of Justice’s Office of Professional Responsibility, according to a court filing.“Obviously, we are really happy.” As the half-hour hearing adjourned, Nicholas and Samueli found each other in the aisle. ” as he patted his former business partner on the back. 2 hearing on separate drug-distribution charges against Nicholas.
They hadn’t talked in years because of the government’s case against them. The men, with tears in their eyes, hugged for about a minute. He said prosecutors will need to convince him why he shouldn’t dismiss that case too.
Reyes, the former chief executive of Brocade Communications, on charges related to backdating and granted him a new trial. Henning, a law professor at Wayne State University Law School in Detroit, said the Broadcom case shows the pressure prosecutors are under in these cases to prove criminal intent. Backdating – which means recording the granting and effective date of an option retrospectively – is not illegal but must be reported to shareholders and regulators.