
|  | | 2006 News and Press Releases | | | HEADLINE NEWS: The Options Blood Bath Staff Writer – Washington Post
Securities Mosaic. November 14, 2006 _________________________________________________________________________
EXCERPT: In the wake of the Enron Corp. scandal, we argued vigorously for new rules on corporate governance, but we never took pleasure in the demise of Enron's audit firm, Arthur Andersen LLP, which reduced competition in the over-concentrated accounting business and hurt employees who had done nothing wrong. In the current executive options scandal, likewise, defenestrating senior executives shouldn't be the priority. What matters is that the rules should prevent future abuses. The latest scandal involves the practice of granting executive options on a day chosen retrospectively for the cheapness of a company's shares. This has the effect of enriching executives at the expense of shareholders: If a company's share price is $100, but a grant of 100,000 options is backdated to a day when the share price was $90, then the executive has been given $1 million. There's nothing wrong with such grants if they are disclosed properly. But frequently they haven't been. So far, more than 160 companies have been embroiled in the backdating scandal. More than 50 senior managers have been ousted, including, most recently, Bruce E. Karatz, chief executive of KB Home, a home-construction company, who will forfeit ill-gotten gains of about $13 million. This loss of senior talent may be justified if the transgressions are serious. William W. McGuire, the ejected boss of UnitedHealth Group Inc., may have led his insurance firm to spectacular growth, but his greed in amassing $1.1 billion in stock options plus a pension of $5.1 million a year is matched only by the revelation that the board member who chaired the compensation committee had conflicts of interest. Even so, there are reasons to feel queasy about the broader options blood bath. The offenses mostly date from the years between Congress's 1994 obstruction of an accounting rule that would have caused the cost of executive options to be accounted for properly and the 2002 Sarbanes-Oxley law, which signaled that Congress had turned serious on accounting honesty. So however regrettable it might be, the fact is that Congress sent a signal of tolerance to which executives responded. Moreover, there has been little consistency among companies as to what merits an executive's ejection. The board of Apple Computer Inc. appears to have gone lightly on Steve Jobs, chief executive and high-tech icon. If that is acceptable, it's hard to feel certain that other chief executives, some of them with statures approaching that of Jobs, truly deserved to go. | | |