The Daily Caveat is written by Michael Thomas, a recovering corporate investigator in the Washington, DC-area. [More]

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8/05/2008
Brocade Moves Against Former Executives
Racketeering claims against ten former executives and board members were filed late last week. Law firm Wilson Sonsini, along with name partner, Larry Sonsini (also a former Brocade board member) have paid Brocade $9.5 million to ensure exclusion from the recently filed lawsuit. Lots more at Law.com.

-- MDT

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1/10/2008
Brocade's Gregory Reyes Denied New Trial
This despite the fact that a major witness for the prosecution has recanted portions of her testimony. According to U.S. District Court Judge Charles Breyer, who made the call, the witness's statements would not have had an impact on the outcome of the trial. Reyes, you may recall, as the distinction of being the first executive to go to trial of improper accounting of stock option grants.

-- MDT

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11/15/2007
Things Looking Up for Brocade CEO, Reyes
Gregory Reyes just had a good day.
The former Brocade CEO was recently convicted on charges relating to stock option backdating and since then his future had been looking, lets face it, on the bleak side. But that was before he got some reasonably good news from federal Judge Charles R. Breyer.

Breyer elected to delay Reyes' sentencing until after the conclusion of the trial
Stephanie Jensen, the former Brocade head of human resources and an alleged co-conspirator. Several charges against Jensen were also dropped. All this is seen as an indication that Reyes expected 10-year plus prison terms might be shrinking.

More on the Reyes sentencing from Workforce Management.

-- MDT

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8/08/2007
Brocade Conviction Is First Successful Criminal Prosecution of Stock Option Backdating
Gregory L. Reyes, former CEO Brocade Communications Systems, has achieved the dubious distinction of becoming the first executive to be convicted on criminal charges relating to improper stock option backdating disclosures. Sentencing for Reyes is obviously still to come (Npvember 21, if you are keeping score) but he could face as much as 20 years in prison. While some expressed surprise at the guilty verdict, it can't be a good omen for the 200+ other companies facing similar scrutiny and potential prosecution.

-- MDT

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2/20/2007
Running Out the Clock on Backdating Charges
With a five year window for action on stock options backdating prosecutions, time is of the essence for regulators. With more than 150 firms under potential investigation and countess stones unturned. Some of the highest profile cases are nearing the end of that window, Brocade for example. Of course, the government can always ask potential defendands to give them more time...I'm sure they'd be willing.
Maybe...

-- MDT

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9/01/2006
Brocade Execs Plead Not Guilty in Comverse Affair
Althought the location of literal third man, former-Comverse CEO, Kobi Alexander, remains a mystery two other former execs have plead Not Guilty on related charges. Greg Reyes, Stephanie Jensen both late of Brocade Communications Systems are now out on bail and awaiting trial. Kobi, well, he's still in the wind.

--MDT

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