Take-Two Ex-Accounting Chief, Ex-Counsel Plead Guilty (Update1)
July 19 (Bloomberg) -- Take-Two Interactive Software Inc.'s
former chief lawyer and ex-chief accounting officer pleaded
guilty to falsifying business records in a probe of the
company's improper backdating of employee stock options.
Former Chief Accounting Officer Patti Tay, 31, pleaded
guilty in New York state court in Manhattan to making false
entries on a spreadsheet of 2001 and 2002 stock option grants,
according to court records. Former General Counsel Kenneth
Selterman, 52, pleaded guilty to providing false information in
a 2002 letter to regulators regarding options, prosecutors said.
Take-Two, maker of ``Grand Theft Auto'' video games,
brought in new management this year after five quarters of
losses and the options scandal that forced it to restate eight
years of results. Ryan Brant, 35, the company's former chief
executive officer who pleaded guilty in February to falsifying
business records, was the first CEO convicted of stock-options
backdating.
``The investigation is still open,'' said Manhattan Chief
Assistant District Attorney James Kindler. ``It's important for
the investing public to know what executives in public companies
are getting. If it's not reported accurately, it is a fraud.''
Selterman is expected to receive three years probation, 200
hours of community service and a fine of $50,000 when he is
sentenced by Manhattan state Supreme Court Justice Brenda Soloff
on Aug. 8, prosecutors said. The ex-counsel didn't reveal in a
letter to the Nasdaq Stock Market Inc. that executives got non-
plan options, Kindler said.
Probation
Tay is expected to receive probation when she is sentenced
by Soloff on Aug. 2 and must reimburse about $300,000 as part of
her agreement, prosecutors said. They said Selterman repaid the
company several hundred thousand dollars before his plea.
Tay acknowledged making false entries in Take-Two's
business records for the year ended Oct. 31, 2002, in connection
with the dates on which stock options were granted in a
spreadsheet titled ``MASTEROPTIONS,'' court records show. The
spreadsheet was used in preparing the company's financial
statements, prosecutors said.
Tay pleaded guilty May 31.
``She's looking forward to putting this matter behind her
and getting on with her life,'' said Nina Beattie, a lawyer for
Tay. She said Tay left the company in the fall of 2006.
Selterman pleaded guilty June 6. His attorney, Mark
Racanelli, declined to comment.
Next Sentencing
Brant, scheduled to be sentenced Aug. 1, is to receive
probation in exchange for his plea if he abides by a cooperation
agreement with Manhattan prosecutors, according to court
records.
More than 200 companies have disclosed internal or federal
probes into whether they inflated the value of options awarded
to executives by backdating or timing the grants to coincide
with days when their stock price was low.
Former executives at Brocade Communications Systems Inc.
and Comverse Technology Inc. were charged in alleged backdating
schemes.
Take-Two spokesman Edward Nebb said the company continues
to cooperate with the District Attorney and other government
agencies.
``We believe we're making significant progress toward a
resolution of these matters,'' Nebb said.
In January, Take-Two said in a regulatory filing that it
allowed Brant, who left as CEO in 2001, to ``control and
dominate'' improper options backdating, beginning when the
company went public in 1997. The compensation committee failed
to maintain proper controls, the New York-based company said in
a filing Jan. 22 to the U.S. Securities and Exchange Commission.
Take-Two said it would restate results from 1997 to 2003 to
reflect the cost of the options.
The cases are People v. Selterman, 07-02645 and People v.
Tay, 07-02478, Supreme Court of the State of New York
(Manhattan).
To contact the reporter on this story:
Karen Freifeld in New York State Supreme Court at kfreifeld@bloomberg.net.
Last Updated: July 19, 2007 20:55 EDT