Chuck Ross quoted by Silicon Valley Business Journal on stock options backdating

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New Threat May Increase Options Exposure

“Attempts by the federal government to prosecute such cases have not been successful, says New York-based defense attorney Charles Ross. The only case against a company for retroactively choosing stock option exercise dates resulted in a hung jury, Ross says. . . . ‘At best, it’s tax evasion, but then they’ll have to prove intent from a very technical accounting angle,’ Ross says. And since the smoking gun often is limited to uncanny timing, proving criminal intent is a tall order, he adds.”