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SEC investigates Cyberonics

This article was originally published in The Gray Sheet

Executive Summary

Stock options granted by the company on June 15, 2004 are under inquiry by the Securities & Exchange Commission, according to a June 9 8-K filing. The options were offered the same day FDA's Neurological Devices Panel voted in favor of approving Cyberonics' treatment-resistant-depression device, VNS Therapy, while shares were halted for external trading (1"The Gray Sheet" June 21, 2004, p. 3). The firm's issue leapt 78% to $34.81 from June 14, 2004 to June 16, 2004, the day after the panel decision. Cyberonics claims that the grants were approved by the board of directors without any management influence...

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Cyberonics stock option query widens

On the heels of a recently initiated "informal" Securities & Exchange Commission inquiry into the firm's issuance of stock options in June 2004, Cyberonics receives a subpoena June 26 from the U.S. Attorney's Office for the Southern District of New York on the same issue. The options were offered to executives on the same day that the firm's VNS Therapy device for depression went before FDA's Neurological Devices Panel. Trading for outside investors had been suspended during the panel review. Cyberonics claims that the grants were approved by the board of directors without management influence (1"The Gray Sheet" June 19, 2006, In Brief)...

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