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May 07, 2008

SEC Can Bar Berry Over Options, Judge Says

For all you backdating geeks out there, check out this ruling (.pdf) from Judge Ronald Whyte issued late Wednesday in the SEC’s case against Lisa Berry.

Whyte finds that the SEC can seek to bar Berry, formerly with backdating poster children KLA-Tencor and Juniper Networks, from being an officer or director at a public company, even if it is based on conduct more than 5 years before regulators filed their complaint. But the judge sends the SEC lawyers back to the drawing board on some of their fraud allegations.

The government has 30 days to come back with more.

—  Dan Levine

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