The state, however, has not taken a position on the merits of the claims.
Is exercising employee stock options illegal insider trading? A separate analysis of grants issued at other than the current price of the shares at grant also shows a pattern of manipulation, but it was only about 60% as prevalent for this type of award (these awards were not very common at the time, however, because of adverse accounting rules). Amidst the flurry of Securities and Exchange Commission SEC cases involving improper employee stock option backdating several years ago.
The Importance of SEC Filings in Due Diligence Inquiries - Kroll The pattern was somewhat more common in technology companies, smaller companies, companies granting options to more executives and directors, and companies with higher stock price volatility.
Many companies make their stock option grants at the same time each year.
This policy eliminates the potential for surreptitious backdating; these options are known as, "at the money options".