Securities & Exchange Commission lawyers suing former Apple General Counsel Nancy Heinen over her alleged role in the matter have issued subpoenas to Jobs. The SEC has said it won't sue Apple over the backdating of grants, praising the company for its cooperation with the investigation. Attorneys say the company and current executives are unlikely to face criminal charges from the Justice Dept. or civil charges from the SEC.
Still, having spent months under a pall while the SEC and Apple's own investigators probed the matter, Jobs now faces the prospect of having his version of events questioned first in depositions and later in open court. The preparation for depositions and eventual testimony will keep backdating at Apple in the headlines for months, even as the company draws praise for rising sales and a climbing stock price. The subpoena was first reported by Bloomberg News.
Allegations Flying
The SEC alleges that on certain occasions when options were granted to executives, Heinen knowingly backdated and then doctored internal documents to cover her tracks. Options let the holder purchase shares at a discounted price, typically fixed on the date the securities are granted. In cases of backdating, the price is retroactively changed to a different date, typically giving the holder a bigger payout than they're due and helping the company conceal costs.