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Fifty-two companies currently under criminal investigation. Moreover, the company avoids having to expense the options as current compensation, thus increasing earnings in the near term.

As a consequence, the option is immediately profitable, or “in the money,” to the option holder.

There are unfortunate cases, however, and there are criminal sanctions in both federal and state law to deter and punish malfeasance, fraud, deception and other defined misdeeds.

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Many acquisition agreements begin with an “Agreement between” the parties “effective as of” a given date.Law360, New York (June 15, 2006, AM EDT) -- It is virtually impossible to pick up a newspaper these days and not see an article about the ever-growing list of companies being caught up in investigations concerning allegations of backdated stock options.Despite the attention paid to this issue, little has been written explaining why backdating options is problematic and potentially illegal.Does it matter if this effective date is prior to the date the parties actually entered into the agreement?And if so, is this ‘backdating’ problematic or even potentially illegal?

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