Former Apple CFO Jabs Jobs

According to Roth, Anderson "cautioned" Jobs that the executive team grant would have to be priced at the date of the actual board agreement or there could be an accounting charge. He also advised Jobs that the board would have to confirm the prior approval in a "legally satisfactory method."

"He [Anderson] was told by Mr. Jobs that the Board had given its prior approval and the Board would verify it," said Roth.

Roth said that Anderson also understood that the grant date was to be moved forward to Jan. 17 from Jan. 2 pursuant to a company provision allowing such a move when the later date coincided with a higher stock price. The move, according to Anderson, was to avoid any appearance of impropriety that might arise from a grant awarded just prior to the stock price rise that resulted from the 2001 MacWorld exhibition and Job's keynote speech on Jan. 9.

Anderson further understood that the Jan. 17 date was selected by Jobs and Heinen and that the stock price on Jan. 17 was higher than the price on Jan.2, Roth said.

Roth said Anderson also believed that the board had verified the Jan. 17 date by signing a Unanimous Written Consent in early February with an effective date of Jan. 17.

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