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The seven criminal charges include mail fraud, wire fraud, falsifying company board minutes and filing false statements before the Securities and Exchange Commission.
Backdating an option to buy company stock is not illegal in itself, but it is illegal to make false statements in government and company records about the practice.
Roberts was fired as Mc Afee's top lawyer last May.
(Mc Afee) did not maliciously prosecute and defame its former general counsel Kent Roberts in an alleged "attempt to deflect attention from large-scale backdating of stock options within the company." The Court held that Roberts' claims of malicious prosecution do not survive under California's anti-Strategic Litigation Against Public Participation (anti-SLAPP).
Court of Appeals for the Ninth Circuit held that Mc Afee, Inc.
The company appointed former Borland Software chief Dale Fuller as its interim CEO and president.
Mc Afee said that it specifically increased the exercise price of a stock option covering 250,000 shares that were granted to Weiss in October 2002, raising the cost to exercise the shares from .30 to .89 to reflect the stocks price at the time the executive was hired.