MRVL here at $42.50 looks appetizing, I may have to double up near $40, however. SNDK approachin $50, getting ready to pounce on that one with seconds...in edit, and at $50.15, in with seconds in SNDK.
The Securities and Exchange Commission is contemplating pursuing civil charges against three directors at Mercury Interactive (MERQ - commentary - Cramer's Take) as part of its option backdating investigation.
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The SEC sent so-called Wells notices -- which indicate the commission is considering taking enforcement action -- to Mercury directors Igal Kohavi, Yair Shamir and Giora Yaron, the company disclosed in a news release and a regulatory filing Tuesday.
In the release, Mercury also said it had restated financial results for its fiscal years 2002, 2003 and 2004.
Mercury, which makes business software, said the directors plan to argue to the SEC that they did not violate securities laws and did not participate in or know about options backdating. It also stated that "former officers of the Company are likely to receive or have received similar notices."
Mercury was one of the first companies to come under SEC scrutiny for alleged options backdating, a practice in which companies change the date of options grants to executives to give them more lucrative strike prices. Investigators are now looking into options-granting practices at scores of companies.
Mercury was forced to restate its financials after a special board committee found last year that several executives benefited from a program to favorably price options grants. CEO Amnon Landan, CFO Douglas Smith and general counsel Susan Skaer resigned after the findings.
The company was delisted from the Nasdaq in January after it failed to meet a deadline for the restatements.
Shares finished Monday's abbreviated session up 63 cents at $35.60.