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Intel Businesses Security The Almighty Buck

Intel Says CEO Dumping Tons of Stock Last Year 'Unrelated' To Big Security Exploit (gizmodo.com) 93

An anonymous reader shares a report: Late last year, the CEO of Intel sold millions of dollars in company stock, as CEOs often do. The sale appears to have occurred while developers were reportedly rushing to fix a major security flaw affecting Intel processors made in the last decade. According to a report published by the Register this week, "a fundamental design flaw in Intel's processor chips has forced a significant redesign of the Linux and Windows kernels to defang the chip-level security bug." Windows and Linux developers have reportedly been working to address the issue since November. As our friends at Gizmodo ES pointed out, Intel's CEO Brian Krzanich sold roughly $11 million in company stock at the end of November. Counting the employee stock options Krzanich exercised, the CEO unloaded 245,743 shares, leaving him with 250,000 remaining shares -- the minimum Krzanich is required to own according to the company's bylaws, the Motley Fool reported. To be clear, this isn't proof of some insider-trading conspiracy. Contacted by Gizmodo, an Intel spokesperson called the sale "unrelated," and said it "was made pursuant to a pre-arranged stock sale plan (10b5-1) with an automated sale schedule."
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Intel Says CEO Dumping Tons of Stock Last Year 'Unrelated' To Big Security Exploit

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  • Krzanich had a tested stock dump plan to follow.
    • if the law isn't enforced.
      • by nucrash ( 549705 ) on Thursday January 04, 2018 @10:19AM (#55862281)

        Just donate to the right candidates and you will never have any legal problems.

      • by Anonymous Coward

        It's not a crime if the law isn't enforced.

        Or more on topic, it's not a crime if there is no law against it.

        The SEC goes by when the automatic schedule was issued, not when it executes.
        So it doesn't really matter if that trade executed after the flaw was known, what matters if the schedule was put in before or after the flaw was known.

        Now granted we only have "an Intel spokesperson" to go by here, but if that statement isn't a lie then you would need to prove Intel was made aware of the flaw in early 2017 when the schedule was set up.

      • Re: (Score:3, Informative)

        by ranton ( 36917 )

        It's not a crime because it's not a crime. If he would have waited until after the story broke he would have made more money of the sale of his stock, because the price is still higher than it was on Nov 29th. You need to personally gain to be accused of insider trading.

        • Re: (Score:3, Informative)

          You need to personally gain to be accused of insider trading.

          That isn't entirely correct. One can do insider trading to prevent a loss as well as get a gain. The definition from the SEC:

          Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security. Insider trading violations may also include "tipping" such information, securities tradi
        • by rtb61 ( 674572 )

          It was lower because they were selling stock, when CEO start dumping stock, yeah buddy, it certainly does not improve stock prices. Not to forget mister mutton brain, if they sold it for a profit then they made money, they just made less money if they would have waited and found out the bug has less of a fiscal impact. So yeah, really, really, really, looks like insider trading and failure to prosecuted would really, really, really look like rampant corruption. Oh so public, it's going to be really, really,

    • It doesn't hold a candle to your shoot-from-the-hip incendiary comment plan. I and others have written repeatedly in detail about why the timing and amount of Equifax's execs' transactions were completely consistent with their past trading patterns and weren't at all consistent with a dump. Did you have some specific facts you wanted to share with the class that support your belief that those transactions were indeed uncharacteristic?

    • To avoid the appearance of impropriety, executives often are required to schedule stock sales months ahead of time. That's what happened here.

      Equifax only allows executives to sell stock during certain windows during the year. When those windows open, lots of executives sell, which is why 4 or 5 of them sold around the time of the breach.

      Given a big enough company, at least one insider is always selling stock within a few days of bad news. Which makes these kinds of stories flamebait and should be modded -

      • To avoid the appearance of impropriety, executives often are required to schedule stock sales months ahead of time. That's what happened here.

        Yes, but how many months ahead of time in this particular case? From some of the released information so far, we know that Google contacted Intel about their discovery of this issue on June 1, 2017.

        According to the link below (warning...anti-adblock popup), the sales were arranged in October, LONG after Intel was aware of it. Between June and October, it's almost certain information about the magnitude of this vulnerability and the impact of fixing it had made it all the way up to to the CEO.
        http://www.busi [businessinsider.com]

        • by sheph ( 955019 )
          That's exactly what I was thinking. Usually stuff like this doesn't become public until many meetings are held determining how to manage the PR nightmare. I'll bet they've known about this for at least a year, maybe two.
  • The sale did occur after the security flaws (remember, there have been several) were reported. He may actually get away with this.
    • And maybe all he had to do was not to cancel a pending sale [wikipedia.org].
      • by kiviQr ( 3443687 )
        You can do better, setup a sale every 3 months just in case. If "in case" does not happen cancel transaction and wait for next window. If "in case" happens you are covered.
    • by ranton ( 36917 )

      The sale did occur after the security flaws (remember, there have been several) were reported. He may actually get away with this.

      Get away with what? The stock went up after his sale, and it still at the same price now that it was in late November. You have to personally gain from insider trading to be convicted, and if he would have waiting until the exploit was made public he would have actually made more money.

      This is a non story.

  • by MitchDev ( 2526834 ) on Thursday January 04, 2018 @09:57AM (#55862157)

    "...sensors are indicating bullshit levels completely off the scale..."

  • "... and monkeys might fly out of my butt." -Wayne Campbell
  • I'm no BK fan, as I used to work for the company, but I think this is just bad timing. I would have sold about the same time also. The stock is the highest it's been since the .com bubble burst. Intel stock has been an ok dividend stock for many years now, but relatively flat.
  • by Craig Cruden ( 3592465 ) on Thursday January 04, 2018 @10:28AM (#55862335)
    The sale was more than likely schedule well in advance of that date - which would be before the defect was reported. As such he is not trading on insider information since he was not relying on any insider information. It doesn't necessary look good, and if he were interested in the optics of it -- he could have cancelled it... but it was not a requirement. The majority of his assets are likely Intel stock by the fact he gets paid in it - and financially it makes sense to diversify - especially with the renewed competition with AMD.

    So lucky, bad optics, but nothing illegal.

    Also, The stock price is actually at or above the price that it was in November...
    • by Ecuador ( 740021 ) on Thursday January 04, 2018 @10:36AM (#55862415) Homepage

      I'd be interested to know if he schedules a sale every year and usually cancels ;)
      I mean that's what I would do if I wanted to make my insider trading legal, always have a scheduled sale just in case...

      • Not even Intel's CEO would be stupid enough to hold any more Intel stock than he absolutely had to, especially if that's the way you get paid.

    • by MachineShedFred ( 621896 ) on Thursday January 04, 2018 @10:51AM (#55862529) Journal

      According to TFA, he sold every share, and exercised every option he could while still retaining exactly the amount of shares necessary to comply with his employment agreement.

      Short version: He unloaded everything he could and still remain CEO.

      Further questions: when exactly did Intel learn of the problem? When exactly did Mr. Krzanich learn of the problem? When exactly did Mr. Krzanich file the pre-arranged stock sale plan (10b5-1)?

      If those all happen in a sequence, he needs to go to fucking jail. By the way, Intel employees are given restricted stock grants as part of their performance reviews - how many employees are getting the shaft on unvested shares while this guy cashes out ahead of bad news?

      • and when did they know it. That's sorta what I want to know. If Intel's known about this bug for, say, 10 years and ignored it so they could outperform AMD then I think that's pretty good grounds for a lawsuit. Especially if it's a 5-30% drop in performance.
      • by tlhIngan ( 30335 )

        According to TFA, he sold every share, and exercised every option he could while still retaining exactly the amount of shares necessary to comply with his employment agreement.

        Short version: He unloaded everything he could and still remain CEO.

        Further questions: when exactly did Intel learn of the problem? When exactly did Mr. Krzanich learn of the problem? When exactly did Mr. Krzanich file the pre-arranged stock sale plan (10b5-1)?

        If those all happen in a sequence, he needs to go to fucking jail. By the w

      • Yeah it seems fishy, except that's precisely how most CEOs operate. Shit I'm not even a CEO and I have an automated yearly sale scheduled for my stock options.

        It may seem like a good idea for performance of a company to tie company success to people's efforts, but the people in general don't like their money being tied to the performance of others.

      • According to the best information I have:

        when exactly did Intel learn of the problem?

        June 1st, 2017 (Google's Disclosure)

        When exactly did Mr. Krzanich learn of the problem?

        Unknown

        When exactly did Mr. Krzanich file the pre-arranged stock sale plan (10b5-1)?

        October 30th, 2017. (Business Insider) [businessinsider.com]

    • by Anonymous Coward

      According to Business Insider: Link [businessinsider.com]

      Intel knew back in June. The stock sale was planned in October and actually executed in November.

    • The sale was scheduled in advance yes, but only in late October when Google informed Intel of their findings in very early June. In other words; The sale was scheduled months after they were informed of the problem.

      When you factor in that "little" tidbit, this is about as clear as cases of insider trading get...
    • by cyn1c77 ( 928549 )

      The sale was more than likely schedule well in advance of that date - which would be before the defect was reported. As such he is not trading on insider information since he was not relying on any insider information. It doesn't necessary look good, and if he were interested in the optics of it -- he could have cancelled it... but it was not a requirement. The majority of his assets are likely Intel stock by the fact he gets paid in it - and financially it makes sense to diversify - especially with the renewed competition with AMD.

      So lucky, bad optics, but nothing illegal.

      Also, The stock price is actually at or above the price that it was in November...

      What you mean to say is that the stock sale was scheduled in advance, so he just pushed the announcement of the security exploit back by a few months to prevent himself from losing millions.

      There's more than one way to skin a cat, eh?

  • We won't be mad if you buy a total of $11 million worth of Ripple, Digibyte, Reddcoin and Dogecoin.

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