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Fremont compensation backdating

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The Securities and Exchange Commission (SEC) previously allowed companies to report the issuance of stock options up to two months after the options were granted.That allowed companies to essentially pick the lowest stock price during that two-month period and report that as the exercise price on the options, giving companies a way to grant instantly profitable options to employees.Typically, the grant date of the stock options is the same as the date of the board meeting.This is important because the grant date is what determines the exercise price on the options.Here's a look at companies that have come under scrutiny for past stock-option grants and practices.THIS SCORECARD WAS LAST UPDATED IN SEPTEMBER 2007 AND IS NO LONGER BEING UPDATED. Note: This list contains companies that have disclosed government probes, misdated options, restatements and/or executive departures as of Septmeber 2007.Granting stock options to employees is a generally accepted and perfectly legal form of compensating employees. Critics of backdating argue that the practice is difficult to detect and thus encourages boards and executives to use it to synthesize more creative compensation packages.

This is important to note, because the grant date is what determines the exercise price on the options.

The Santa Monica, Calif., videogame company said on July 28 that the SEC has asked the company for documents related to its stock-option grants as part of an informal inquiry.

The company also said its board has appointed a special subcommittee of independent directors to conduct an internal review of the companys historical stock-option grant practices. 25 the company said it appears likely that actual measurement dates for certain historical stock-option grants will be found to differ from the recorded grant dates for such awards.

Today, regulations in the Sarbanes-Oxley Act require companies to report option grants to the SEC within two business days.

grants to one that is earlier than the actual grant date in order to place a lower exercise price on the options and thus enhance the potential profits from the exercise of those stock options.