The former general
counsel of Monster Worldwide pleaded guilty Thursday, February 15, to charges of
securities fraud and conspiracy in connection with the backdating of employee
stock options at the online recruitment company.
Myron Olesnyckyj, who
also held the titles of senior vice president and secretary at Monster, faces up
to 25 years in prison when he is sentenced. He also faces fines of more than
$5.2 million and has agreed to forfeit $381,000, which he said was the amount of
money he gained from the scheme, according to the Associated
Press.
Monster fired Olesnyckyj
in November. Longtime CEO Andrew McKelvey also resigned his post in the fall and
later withdrew from his chairman’s seat on Monster’s board of
directors.
According to the U.S.
Attorney’s Office, Olesnyckyj conspired with other former senior executives at
Monster to “systematically backdate stock option grants to Monster employees in
an effort to fraudulently suppress Monster’s compensation expenses.” As a
result, the company’s public filings with the Securities and Exchange Commission
between 1997 and 2005 inflated its earning by more than $300 million. In
December, the company restated its past earnings, reducing them by $339.6
million.
Also on Thursday, the
SEC filed civil charges against Olesnyckyj in connection with the same
backdating activities.
“Olesnyckyj knew that
backdating was wrong but nonetheless went along with the scheme,” Mark
Schonfeld, director of the commission’s Northeast regional office, said in a
release that accompanied the SEC’s complaint. “Any lawyer who works at a public
company should do everything possible to thwart fraud—not participate in
it.”
From 1997 to 2002,
Olesnyckyj and co-conspirators backdated all broad-based annual options grants
to Monster employees, according the U.S. Attorney’s Office and the SEC
complaint. During the same period, new hires at Monster were promised that they
would be granted options at the lowest price within the 30 days following their
start date.
To keep this fact from
the company’s outside auditors, Olesnyckyj instructed Monster’s HR department in
an e-mail: “No written document should ever state lowest price over the next 30
days! The auditor(s) will view that as backdating options and we’ll have charge
to earning[s].”
—editors@workforce.com