The SEC did file complaints against Apple’s former chief financial officer Fred Anderson, who was on the board, and general counsel Nancy Heinen. Anderson, a retired Air Force captain with a square jaw and deep integrity, had been a wise and calming influence at Apple, where he was known for his ability to control Jobs’s tantrums. He was cited by the SEC only for “negligence” regarding the paperwork for one set of the grants (not the ones that went to Jobs), and the SEC allowed him to continue to serve on corporate boards. Nevertheless he ended up resigning from the Apple board.
Anderson thought he had been made a scapegoat. When he settled with the SEC, his lawyer issued a statement that cast some of the blame on Jobs. It said that Anderson had “cautioned Mr. Jobs that the executive team grant would have to be priced on the date of the actual board agreement or there could be an accounting charge,” and that Jobs replied “that the board had given its prior approval.”
Heinen, who initially fought the charges against her, ended up settling and paying a $2.2 million fine, without admitting or denying any wrongdoing. Likewise the company itself settled a shareholders’ lawsuit by agreeing to pay $14 million in damages.
“Rarely have so many avoidable problems been created by one man’s obsession with his own image,” Joe Nocera wrote in the
The compensation issue in some ways echoed Jobs’s parking quirk. He refused such trappings as having a “Reserved for CEO” spot, but he assumed for himself the right to park in the handicapped spaces. He wanted to be seen (both by himself and by others) as someone willing to work for $1 a year, but he also wanted to have huge stock grants bestowed upon him. Jangling inside him were the contradictions of a counterculture rebel turned business entrepreneur, someone who wanted to believe that he had turned on and tuned in without having sold out and cashed in.
CHAPTER THIRTY-FIVE
ROUND ONE
Memento Mori
Jobs would later speculate that his cancer was caused by the grueling year that he spent, starting in 1997, running both Apple and Pixar. As he drove back and forth, he had developed kidney stones and other ailments, and he would come home so exhausted that he could barely speak. “That’s probably when this cancer started growing, because my immune system was pretty weak at that time,” he said.
There is no evidence that exhaustion or a weak immune system causes cancer. However, his kidney problems did indirectly lead to the detection of his cancer. In October 2003 he happened to run into the urologist who had treated him, and she asked him to get a CAT scan of his kidneys and ureter. It had been five years since his last scan. The new scan revealed nothing wrong with his kidneys, but it did show a shadow on his pancreas, so she asked him to schedule a pancreatic study. He didn’t. As usual, he was good at willfully ignoring inputs that he did not want to process. But she persisted. “Steve, this is really important,” she said a few days later. “You need to do this.”
Her tone of voice was urgent enough that he complied. He went in early one morning, and after studying the scan, the doctors met with him to deliver the bad news that it was a tumor. One of them even suggested that he should make sure his affairs were in order, a polite way of saying that he might have only months to live. That evening they performed a biopsy by sticking an endoscope down his throat and into his intestines so they could put a needle into his pancreas and get a few cells from the tumor. Powell remembers her husband’s doctors tearing up with joy. It turned out to be an islet cell or pancreatic neuroendocrine tumor, which is rare but slower growing and thus more likely to be treated successfully. He was lucky that it was detected so early—as the by-product of a routine kidney screening—and thus could be surgically removed before it had definitely spread.
One of his first calls was to Larry Brilliant, whom he first met at the ashram in India. “Do you still believe in God?” Jobs asked him. Brilliant said that he did, and they discussed the many paths to God that had been taught by the Hindu guru Neem Karoli Baba. Then Brilliant asked Jobs what was wrong. “I have cancer,” Jobs replied.