The Securities & Exchange Commission has dismissed its probe of alleged stock-options backdating violations at Atlanta’s TurboChef Technologies Inc.
The SEC sent a no-action letter on Nov. 6 to TurboChef’s outside counsel on the internal investigation, Paul, Hastings, Janofsky & Walker partner Walter Jospin.
“We do not intend to recommend any enforcement action by the Commission,” the SEC said in the letter.
The SEC began its investigation in March 2007, according to TurboChef’s 2007 annual report, saying it was looking into the company’s stock option grants dating back to Jan. 1997. In response to the SEC notice, TurboChef hired Paul Hastings as legal counsel, and Deloitte Financial Advisory Services as “forensic accounting experts,” to conduct its internal investigation, the annual report says. TurboChef’s audit committee hired Kramer Levin Naftalis & Frankel partner Thomas Molner as its legal counsel.
As a result of its internal investigation, TurboChef restated its financial results for 2004 and 2005, saying different measurement dates should have been used.
TurboChef in August announced that it would merge with Middleby Corp. in a $200 million deal. Paul Hastings also advised TurboChef on that assignment, with partner Rey Pascual taking the lead role. TurboChef makes high-speed ovens used at Subway and other restaurants.