CORRECT:SEC Drops Backdating Case Against Ex-Pixar CFO Mather
August 21 2009 - 10:23PM
Dow Jones News
The Securities and Exchange Commission has dropped a stock
option backdating probe against Ann Mather, the former chief
financial officer of Pixar Animation Studios and a current Google
Inc. (GOOG) board member.
The SEC last week sent Mather a letter saying it was no longer
pursuing the matter, a spokesman for Mather said on Friday.
In April 2008, Mather received a Wells Notice stating that SEC
staff intended to recommend the agency take civil action against
Mather in conjunction with the improper dating of stock-option
grants at the filmmaker when it was still an independent company.
Pixar now is owned by Walt Disney Co. (DIS).
Mather's spokesman said individuals who receive a Wells Notice
are given the opportunity to make their arguments as to why the
agency should not file charges. The matter went no further, the
spokesman said.
An SEC spokesman declined to comment on the matter. An
enforcement official in the SEC's Los Angeles office couldn't be
immediately reached for comment.
Mather, who had denied the allegations, was among executives at
more than 140 companies caught up in backdating scandals in recent
years.
Backdating involves retroactively setting the value of a stock
option grant at a low price in order to increase the value of the
grant. The practice, which can understate a company's expenses and
exaggerate profits, could lead to civil or criminal charges if not
properly disclosed to shareholders.
Disney said in November 2006 that the SEC was looking into
Pixar's options-granting practices. The studio closed its own
inquiry a few months later, concluding that backdating had occurred
prior to its acquisition of the company and that no one currently
associated with Disney had engaged in intentional misconduct.
Those findings also appeared to exonerate Steve Jobs, the former
chief executive officer of Pixar and current CEO of Apple Inc.
(AAPL).
The Wall Street Journal reported last year that Pixar's
options-granting practices were in place before Mather joined the
company in 1999 and that the company's board, auditors and outside
legal counselors were aware of the practices.
-By Scott Morrison, Dow Jones Newswires; 415-765-6118;
scott.morrison@dowjones.com
(Sarah Lynch contributed to this story)