Ex-Mercury Execs Say SEC Destroyed Docs In Backdating Suit

Law360, New York (May 11, 2012, 1:50 PM EDT) -- Three executives of software company Mercury Interactive LLC on Thursday asked a California federal court to toss the U.S. Securities and Exchange Commission’s stock option backdating suit against them, saying the agency has lost and destroyed essential discovery documents.

Mercury's  former CEO Amnon Landan, former Chief Financial Officer Douglas Smith and former general counsel Susan Skaer told U.S. District Judge Jeremy Fogel that the three were seriously prejudiced by the missing documents in the SEC's fraud case against them, and asked the judge to sanction the...
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