UnitedHealth Dodges A Big One in SEC Options Backdating Settlement (UNH)

Photo of Douglas A. McIntyre
By Douglas A. McIntyre Published
This post may contain links from our sponsors and affiliates, and Flywheel Publishing may receive compensation for actions taken through them.

UnitedHealth Group (NYSE: UNH) appears to have escaped any serious hooks of the SEC in its stock options backdating fiasco.  Its Special Litigation Committee, an independent committee comprised of two former Minnesota Supreme Court Justices, has concluded its review of claims relating to the UnitedHealth historical stock option practices brought against certain current and former officers and directors in federal and state derivative lawsuits.

Based on a 15 month review, the SLC reached settlement agreements on behalf of UnitedHealth with UnitedHealth Group’s former Chairman and CEO William W. McGuire, M.D., former General Counsel David J. Lubben, and former Director William G. Spears.

McGuire is paying out a fortune of roughly $600 million, but he got to the point that he buily dynasty money from what appeared to be obvious backdating on his stock options grants:

  • He will surrender to UnitedHealth Group certain stock options to acquire 9,223,360 shares of common stock, which the SLC has valued at approximately $320 million;
  • He will surrender his interest in the company Supplemental Executive Retirement Plan, valued at approximately $91 million;
  • He will surrender approximately $8 million to the company in his Executive Savings Plan Account; and
  • He will relinquish claims to other post-employment benefits under his Employment Agreement.

The SLC has valued the total amount to be relinquished by current and former officers pursuant to these settlement agreement to be approximately $900 million in total.  The settlement agreements and the dismissal of the derivative actions are subject to notice to the Company’s shareholders and Court approval.

Don’t feel too sorry for Mr. McGuire.  His original golden parachute was somewhere in the vicinity of $1.1 Billion.  He and many of the McGuire clan should now have dynasty money for many generations.  Shares are calm in after-hours trading as this was ultimately expected to be a formality by the time you consider its massive size.

Jon C. Ogg
December 6, 2007

Jon Ogg can be reached at [email protected]; he does not own securities in the companies he covers.

Photo of Douglas A. McIntyre
About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

Featured Reads

Our top personal finance-related articles today. Your wallet will thank you later.

Continue Reading

Top Gaining Stocks

CBOE Vol: 1,568,143
PSKY Vol: 12,285,993
STX Vol: 7,378,346
ORCL Vol: 26,317,675
DDOG Vol: 6,247,779

Top Losing Stocks

LKQ
LKQ Vol: 4,367,433
CLX Vol: 13,260,523
SYK Vol: 4,519,455
MHK Vol: 1,859,865
AMGN Vol: 3,818,618