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Backdating investigation

He conducts internal investigations and advises executives and corporate clients on the financial, reputational, and criminal impact of violations, while helping them mitigate or eliminate such losses. He has received numerous awards for his investigation and prosecution of complex white collar fraud and corruption matters, including bribery, embezzlement, environmental crimes, export (Trading with the Enemy Act), insider trading, and terrorism crimes. He also was the USA PATRIOT Act spokesperson for the Eastern District.Joe is a sought-out speaker on anti-terrorism matters and other white collar topics for, among others, the Pennsylvania Association of Criminal Defense Lawyers, the Association of Audit Committee Members, Inc., Temple University, and the American Conference Institute's FDA Boot Camp.Joe is a Master at the University of Pennsylvania Law School American Inn of Court.He is active in The Phi Beta Kappa Society, where he served as a senator from 2008–2009 and as president of the Mid-Atlantic District from 2006–2015.Mody, a former chief financial officer, and Nicole Kaplan, a former director of accounting, pleaded guilty to fraud in 2010 and cooperated with prosecutors. Joe Poluka is a defense attorney with extensive experience in representing clients in the investigation and defense of a wide variety of criminal, civil, and regulatory matters, including complex fraud related to securities, financial institutions, healthcare practitioners, employee conduct, political corruption, taxation, and the environment. Attorney in the Criminal Division, Eastern District of Pennsylvania, Joe brings a rich prosecutorial experience to his clients. Attorney's Office, Joe also served as the deputy chief of the Violent Crimes, Terrorism & Immigration Fraud Section, as well as the coordinator of the Anti-Terrorism Advisory Council (“ATAC”), consisting of over 85 local, state, and federal law enforcement agencies that coordinate information sharing and cooperation on terrorism matters.Nancy Heinen, Apple’s former general counsel, was also charged and still faces civil action by the SEC, according to her lawyer as quoted in the Journal.The charges against Anderson and Heinen centered on options granted to Steve Jobs, which were canceled before they were exercised, and replaced with 10 million properly restricted stock grants that were properly accounted for.

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Joe also is on the Steering Committee for FAUSA-EDPA, which reunites former AUSAs from the Philadelphia office.

In September, Tomasetta agreed to pay 0,000 and Hovanec ,000 in civil fines in settlements with the U. The case was one of the last of a wave of criminal and civil enforcement actions stemming from a scandal that erupted in 2006 over allegations that companies manipulated stock option dates, often increasing individuals' profits.

Prosecutors had accused Tomasetta, 65, and Hovanec, 61, of inflating company earnings and backdating stock options.

Companies may backdate options in many circumstances, but must account for them as a higher expense than merely granting current-dated options, as there’s a negative effect on the equity of a firm’s shareholders.

An academic researcher and The Wall Street Journal blew the lid off this widespread and long-running practice; executives at other firms were indicted, sued by shareholders, fired, or all three.

698 comments

  1. The impacts of SOX and SEC investigation on the corporate governance of option backdating firms

  2. PMC-Sierra was one of the many companies that came forward in the past year to reveal that an internal investigation had uncovered irregularities in the.

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