Pluto,unless you can link me to the Federal governance site where ESOP qualifications are laid out,that's flat out wrong.
ESOP's are unique animals.
It is a structured "ownership" plan for employees. It acts as an incentive for those that are directly employed by the corporation.
Non-qualified stock options(NSO's) or,as has been being done by DECN for years,simply issuing stock for "Services rendered" are completely different,and would be appropriate for Consultants,Lawyers,etc.
The ESOP designation for share issuance,and any special tax treatment being applied,misrepresents for what and why stock is being given out by DECN.
But If I'm wrong,a posted link which highlights the exception will bring me up to speed.
Scoop