Defendant Name:
Mercury Interactive, LLC
Defendant Type:
Subsidiary of Public Company
Public Company Parent:
Hewlett-Packard Company
SIC Code:
3571
CUSIP:
40434L10
Initial Case Details
Legal Case Name
SEC v. Mercury Interactive, LLC (f/k/a Mercury Interactive, Inc.), Amnon Landan, Sharlene Abrams, Douglas Smith and Susan Skaer
First Document Date
31-May-2007
Initial Filing Format
Civil Proceeding
Case Number
07-cv-02822
Allegation Type
Issuer Reporting and Disclosure
Federal District Court
California, Northern District of California
Violations Alleged
•
Sec 17(a) (Not specified)
Additionally,
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Amnon Landan is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 12b-20 of the Exchange Act.
Sharlene Abrams is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 12b-20 of the Exchange Act.
Douglas Smith is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 12b-20 of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 12b-20 of the Exchange Act.
Amnon Landan is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(a) of the Exchange Act.
Sharlene Abrams is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(a) of the Exchange Act.
Douglas Smith is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(a) of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(a) of the Exchange Act.
Amnon Landan is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-1 of the Exchange Act.
Sharlene Abrams is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-1 of the Exchange Act.
Douglas Smith is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-1 of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-1 of the Exchange Act.
Amnon Landan is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-13 of the Exchange Act.
Sharlene Abrams is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-13 of the Exchange Act.
Douglas Smith is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-13 of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 13a-13 of the Exchange Act.
Amnon Landan is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(A) of the Exchange Act.
Sharlene Abrams is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(A) of the Exchange Act.
Douglas Smith is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(A) of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(A) of the Exchange Act.
Amnon Landan is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(B) of the Exchange Act.
Sharlene Abrams is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(B) of the Exchange Act.
Douglas Smith is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(B) of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 13(b)(2)(B) of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Sec 14(a) of the Exchange Act.
Susan Skaer is alleged to have aided and abetted Mercury Interactive, LLC's violation of Rule 14a-9 of the Exchange Act.
Resolutions
First Resolution Date
31-May-2007
Headline Total Penalty and Disgorgement
See Related Documents
Related Documents:
Complaint
The Commission stated: "During the period from at least 1997 through 2005, Mercury Interactive, Inc. ("Mercury" or the "company"), through its most senior officers and others, engaged in a fraudulent and deceptive scheme to provide executives and other employees undisclosed, secret compensation. Through the scheme, and without disclosure, Mercury's senior management, Chief Executive Officer Amnon Landan ("Landan") and at various times Chief Financial Officers Sharelene Abrams ("Abrams"), Douglas Smith ("Smith"), and General Counsel Susan Skaer ("Skaer"), backdated the date on which stock options were granted to executives and employees so that those options appeared to have been granted at times corresponding to low points of the closing price of the company's stock, resulting in artificially and fraudulently low exercise prices for those options."
SEC Settles With Mercury Interactive and Sues Former Mercury Officers for Stock Option Backdating and Other Fraudulent Conduct
On May 31, 2007, the SEC stated that: "[It] filed civil fraud charges in
federal district court for the Northern District of California against California-based
software maker Mercury Interactive, LLC (formerly known as Mercury Interactive Corporation) and four former senior officers of Mercury -- former Chairman and Chief Executive Officer Amnon Landan, former Chief Financial
Officers Sharlene Abrams and Douglas Smith, and former General Counsel Susan Skaer."
Final Judgement as to Defendant Mercury Interactive, LLC
The Court stated: "The Securities and Exchange Commission having filed a Complaint and Defendant Mercury Interactive, LLC ("Defendant"), having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgement without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgement."
Sharlene Abrams, Former Chief Financial Officer of Mercury Interactive, LLC, to be Permanently Enjoined and to Pay Civil Penalties and Disgorgement for Stock Option Backdating and Other Fraudulent Conduct; Abrams Also to be Barred from Serving as an Officer and Director of a Public Company
The Commission stated that: "[It] settled civil fraud charges
against Sharlene Abrams, a former Chief Financial Officer of Mercury
Interactive, LLC, arising from an alleged scheme to backdate stock option
grants and from other alleged misconduct . . . The Commission previously filed settled charges in this matter against
Mercury and three former outside directors of Mercury."
Other Defendants in Action:
