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In summary, backdating is generally permissible where it is done to alter the obligations of the contracting parties only.
However, it is impermissible where the parties backdate either to unconscionably interfere with the rights of third parties (including the government's right to tax such parties) or where it contravenes applicable rules or legislation.
Backdating contracts is a somewhat common practice.
The company attempted to impede the unionization by hiring additional employees that were against the union.However, to the company's disappointment, these employees were not hired until after the company's current employees filed their application to unionize, making the new employees unable to participate.To cure this deficiency, the company, and their solicitor, backdated the contracts of the newly hired employees to a date before the application to unionize.As criminal securities-fraud cases go, prosecutors obviously felt they had a solid case in which they could prove intent, the toughest burden faced in criminal cases.But their weightiest charges of securities fraud were thrown out.
Take the beloved and equally reviled Martha Stewart.