Brocade communications systems backdating


28-Feb-2020 01:03

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In his second trial, Reyes’ attorneys made what legal experts said was a potentially risky decision: They opted not to call any witnesses in his defense, arguing instead that the government had failed to prove its case.Attorneys on both sides declined to discuss the verdict Friday, although defense lawyer Stephen Neal said he will likely file another appeal.

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Stock option backdating involves companies putting back the date for the award of stock options to employees and senior executives, usually to a time when the share price was lower, making the award potentially more lucrative.

Reyes, now facing a likely prison sentence, appeared red-faced but otherwise showed no emotion as the verdict was read.

Several friends or family members in the audience prayed and fought back tears.

In his arguments to the jury, defense attorney Neal acknowledged that backdating occurred and that Brocade’s accounting was flawed.

But Neal contended that prosecutors took evidence out of context and that his client hadn’t intended to break the law.

A former Brocade staffer testified that when she brought backdated documents to Reyes for his signature on one occasion, he told her: “It’s not illegal if you don’t get caught.” Other witnesses said Brocade’s former human resources chief, Stephanie Jensen, warned them not to discuss backdating procedures in e-mails or written documents, and directed them in other ways to avoid calling attention to the effort, because “Greg doesn’t want it to be too obvious.” Jensen was convicted by a different jury in a separate trial on charges that she conspired with Reyes and falsified documents herself; she was sentenced earlier this year to pay

But Neal contended that prosecutors took evidence out of context and that his client hadn’t intended to break the law.

A former Brocade staffer testified that when she brought backdated documents to Reyes for his signature on one occasion, he told her: “It’s not illegal if you don’t get caught.” Other witnesses said Brocade’s former human resources chief, Stephanie Jensen, warned them not to discuss backdating procedures in e-mails or written documents, and directed them in other ways to avoid calling attention to the effort, because “Greg doesn’t want it to be too obvious.” Jensen was convicted by a different jury in a separate trial on charges that she conspired with Reyes and falsified documents herself; she was sentenced earlier this year to pay $1.25 million and serve two months in prison.

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But Neal contended that prosecutors took evidence out of context and that his client hadn’t intended to break the law.A former Brocade staffer testified that when she brought backdated documents to Reyes for his signature on one occasion, he told her: “It’s not illegal if you don’t get caught.” Other witnesses said Brocade’s former human resources chief, Stephanie Jensen, warned them not to discuss backdating procedures in e-mails or written documents, and directed them in other ways to avoid calling attention to the effort, because “Greg doesn’t want it to be too obvious.” Jensen was convicted by a different jury in a separate trial on charges that she conspired with Reyes and falsified documents herself; she was sentenced earlier this year to pay $1.25 million and serve two months in prison.

.25 million and serve two months in prison.



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