back to article Autonomy founder Mike Lynch files judicial review that pauses extradition clock

Autonomy founder Mike Lynch's extradition has been temporarily halted after the British software millionaire filed a judicial review challenging legal findings against him. The latest move appears to have stopped the clock from ticking on Lynch's extradition from Britain by the US government, buying Lynch a few more weeks or …

  1. Franco Silver badge

    Nice Christmas present for his lawyers.

    Crazy that we're still waiting for a verdict in the civil case though, I've lost count of how many times it's been pushed back.

    1. oiseau Silver badge
      Facepalm

      Crazy that we're still waiting for a verdict in the civil case ...

      Indeed.

      More than crazy.

      At this point in time, I'm starting to think rather suspicious.

      "Lynch's case has enjoyed a high profile because it raises questions about due diligence in tech industry mergers and acquisitions as well as imbalances between British and US law."

      It's quite clear to me that there are no two ways about this: HP clearly screwed up and now needs a fall guy to make up for the US$ 8.8 billion of shareholder money they proactively insisted to flush down the loo.

      But it is all made up to look like HP was forced by Lynch to purchase Autonomy!

      Uncanny ...

      I've read that a total of 15 firms advised HP on the Autonomy deal, among them heavyweights UBS, Goldman Sachs, Citigroup, JPMorgan Chase and Bank of America, with Slaughter & May and Morgan Lewis serving as the company's legal advisers.

      And that Deloitte (auditors) assured HP that it could go ahead and pay 8.8 billion for Autonomy.

      But then, shortly after the purchase, HP decided to write down over 75% of the price paid.

      No one saw any red lights?

      You can con an outfit like Deloitte as easy as that?

      Are all these heavyweight firms staffed by DH/morons?

      The beancounters settled with HP for 45M in exchange for expressly deny any "wrongdoing or liability", probably a "money back if not satisfied" arrangement.

      A lawsuit from shareholders was settled out of court (in the HP days, before the split) for a meassly 100M.

      Money which probably came from the same bag as the 8.8B writedown so it would be a lose/lose for them.

      But Lynch is the only one to blame and has to get sent to the US to stand trial.

      This stinks more and more as time goes by.

      I've decided I'm on Lynch's side and hope he gets acquitted.

      O.

      1. Terje

        I find this issue so simple. Was the books in order? apparently they were ok by British standards of accounting.

        If HP fail to do proper due diligence or fail to understand the reports given how is it anyone but HPs or HPs auditors fault?

        Unless the accounting was actually breaking the law there is no way he can be guilty of anything but being a good salesman which then would set an interesting precedence.

  2. Pascal Monett Silver badge

    "Anne Sacoolas consented to stand trial by video link"

    How crazy is it these days that convicted people have the power to accept or refuse to stand trial, and by video of all things ?

    It is unbelievable that the USA can get away with such a blatant one-sided application of justice.

    Is Mrs Sacoolas in danger of assassination in a UK prison ? I don't think so.

    So why the hell isn't she physically present in front a UK judge in a silly wig ?

    1. rcxb1

      Re: "Anne Sacoolas consented to stand trial by video link"

      Diplomatic immunity works both ways. If a UK diplomat killed a US citizen, the result would be identical.

      James Hudson managed to escape prosecution in Russia, for example.

      1. John Brown (no body) Silver badge

        Re: "Anne Sacoolas consented to stand trial by video link"

        But if she has diplomatic immunity, why would she consent to a video trial while remaining in the USA? Either she has diplomatic immunity and therefore gets off scot-free, or she doesn't, in which case she ought to stand trial in person. This half-way house video trial strike me as diplomatic theatre.

        1. PHogan21

          Re: "Anne Sacoolas consented to stand trial by video link"

          The CPS said she did, but her lawyer disagrees. Considering she won't voluntarily return to the UK and seeing as the State Department seemly has no interest in extradition, the whole thing would be pretty pointless anyway as U.S courts aren't inclined to enforce foreign judgements.

        2. rcxb1

          Re: "Anne Sacoolas consented to stand trial by video link"

          > if she has diplomatic immunity, why would she consent to a video trial

          I have no idea.

          > Either she has diplomatic immunity and therefore gets off scot-free

          She does. The end.

          However, seems it could cost her a considerable amount of money:

          https://www.cnn.com/2021/02/17/us/harry-dunn-anne-sacoolas-damages-intl/index.html

    2. amanfromMars 1 Silver badge

      Re: "Anne Sacoolas consented to stand trial by video link"

      The Guardian, and there be other news outlets too, reports that Anne Sacoolas has not consented to stand trial by video link ........ https://www.theguardian.com/uk-news/2021/dec/14/anne-sacoolas-will-not-return-to-uk-for-harry-dunn-hearing-say-lawyers

      Are they fake news outlets?

      1. Malcolm Weir

        Re: "Anne Sacoolas consented to stand trial by video link"

        What is, and what is not, being said is interesting.

        The CPS has said that: "The case will be heard at Westminster Magistrates' Court on 18 January,"

        It is possible that the defendant will be tried "in absentia", but will be (or has been) invited to attend remotely. It is certain that the defendant will not be extradited (correctly: diplomatic immunity is immunity, whether you like it or not).

        All in all, this seems like a pro forma method for closing the books:

        Assuming no aggravating circumstances, the sentence for someone convicted of causing death by dangerous driving is 12-24 months and disqualification. A sentence of up to 2 years can be suspended. So what the possible outcome might be is a conviction, suspended sentence and disqualification of driving in the UK.

    3. Anonymous Coward
      Anonymous Coward

      Re: "Anne Sacoolas consented to stand trial by video link"

      She was an American driving on the American side of the road as she turned out of the base, it's a common problem when you move to a country driving on a different side of the road. The issue with the base is that it makes it very easy to turn into the wrong lane when you drive out of the base at night.

      1. Anonymous Coward
        Anonymous Coward

        Re: "Anne Sacoolas consented to stand trial by video link"

        @ A/C

        Rarely have I read a comment that makes me so angry.

        "The issue with the base is that it makes it very easy to turn into the wrong lane when you drive out of the base at night"

        What issue with the base? It has been there for years. Should it have been built in such a way that a fucking, allegedly, pissed cunt, who has suddenly been given diplomatic status by the yanks, wouldn't drive on the wrong side of the road and kill someone's son? How thoughtless of the architects /S

        Of course, if it had been your son that had been killed, you would, of course, been making the same excuses wouldn't you? /S

        So the family has to live with neither justice nor closure. Imagine trying to live with that.

        But hey, the base was built on the wrong side of the road....

        1. Version 1.0 Silver badge
          Unhappy

          Re: "Anne Sacoolas consented to stand trial by video link"

          This was just an explanation ... I have driven in both countries for 40 years now - when you are used to driving in America and then move to England which drives on the other side of the road then you have an "issue" whenever you are on a junction, turning onto another road at night and there is no traffic that "tells you" which side of the road you must turn onto. It's essential that you think about this EVERY TIME you reach a T-junction but it's frighteningly easy to turn into the wrong lane at night, that's what Anne did and needs to admit, it resulted in a horrible accident.

          I lived close to the base when I was a kid - we saw accidents every year caused by Yanks making driving mistakes as a result of the local roads being very different from the ones they learned to drive in back at their homes.

          1. anothercynic Silver badge

            Re: "Anne Sacoolas consented to stand trial by video link"

            Really? I've never had this problem, whether at night or not.

            The problem isn't really that she crashed into him (regardless of whether it's because it was late at night/early in the morning, or whether it was because she's used to driving on the other side of the road).

            The problem is that she told Northants Police she would cooperate, only to be whisked out of the country tout de suite by her government along with her family, and then refusing to cooperate (no, her arrangement with the Trump administration is *not* cooperation, that was just political play).

            And despite the amount of theatre about whether she had diplomatic immunity or not, the fact remains that she could have waived the immunity and insisted on staying, but her government told her to GTFO of the country. That's what winds up the family and friends of the lad killed. And besides, if the sentence for something like this is at most 2 years suspended, it'd have been over by now and she'd have been home a lot sooner. The US government made this a lot worse than it would've been otherwise.

            Either way, whether she gives evidence via videolink or whether she refuses to attend at all, the important thing is that the lad's family get justice at last, which is what they've wanted since the beginning.

  3. Gordon 10 Silver badge

    Better to be skint and free in Blighty than a millionaire in a hell-hole run-for-profit US Stalag.

    1. James 51

      If he's found guilty they'll probably go after the cash as proceeds of crime and take it all.

      1. Vometia has insomnia. Again. Bronze badge

        "If he's found guilty"

        As a non-American on trial in an American court for a case brought by Big American Corp, "when he's found guilty" seems more likely.

    2. Anonymous Coward
      Anonymous Coward

      Oh, facts, always getting in the way of smug virtue-signalling outrage. It is unlikely that Mr Lynch, if extradited and convicted in the US, will end up in a privately-run prison. First, only about 8% (that's an 8 with no zeroes) of US prisoners are in privately-operated facilities. For federal prisoners, which Mr Lynch would hypothetically be, that figure is 15.7% and has been rising, implying there's actually a modest chance, maybe 1 in 3, that Mr Lynch would indeed be sentenced to such a facility. However, the Bureau of Prisons, which manages federal prisoners, has been ordered by the President to phase out the contracts under which those prisoners are incarcerated at private facilities. Therefore that figure will be declining and new prisoners are much more likely to be assigned to hellholes run by washed-out cops paid union scale directly by the taxpayers instead of to hellholes run by washed-out cops paid market wages by private corporations with the balance of the taxpayers' money going into the CEOs' pockets. Trials don't move any more quickly in the US than in the UK, so you already have a pretty good idea how long it would be before he is actually incarcerated -- years -- if indeed that ever happens. By then it is quite possible that no US federal prisoners at all will occupy privately-operated facilities.

      Unfortunately for Mr Lynch, all prisons in all countries are hellholes, even the minimum-security "country club" to which he would likely be sentenced in the US. The only people who enjoy prisons are people who do well in any institutionalised, regimented enviroment; for everyone else, all confinement is a hellish nightmare regardless of physical conditions. Whether or not this makes prison an effective deterrent to crime is a valuable policy debate beyond the scope of this discussion.

      The facts and figures about US prisons are courtesy of The Sentencing Project (a hard-left anti-privatisation/anti-punishment nonprofit) and may be found at https://www.sentencingproject.org/publications/private-prisons-united-states/. Their primary sources are also cited at the bottom in the unlikely event that you wish to educate yourself in further detail.

      1. Anonymous Coward
        Anonymous Coward

        All US prisons even state-owned ones are run for profit or to try and break even. Prisoners are paid cents or not at all to run the prison, maintain police vehicle fleets and fight fires. The proportion of the US population in prison concerns other governments, the UN, and NGOs.

        The prejudice and clearly disproportionate representation of ethnicities and cultures other than white Christian is an issue in its self. The diverse population and diversity of thought are what made the British empire able to colonize North America and oppress the native population. The diversity of the population after independence is what made America a success. Prison does not seem to be a fitting reward especially when black repeat minor offenders can get many years whereas white monsters who only get caught in a sexual assault once but are suspected of many more can get a slap on the wrists.

  4. a_yank_lurker Silver badge

    Due Diligence

    Too many mergers fail for numerous, usually avoidable reasons in all industries. So that this merger failed is not a real surprise. And when a merger fails often miscreants who did the merger try to blame someone else but their own stupidity. Many companies never serious consider how to properly integrate until after the merger has occurred. Different cultures, structures, etc. have to been integrated carefully without alienating the incoming staff who might just walk. But asking a judge who probably has no experience with a merger to understand these nuances is fool's errand. If UK lawyers and judges are like the shysters over here, they would a relatively dim and arrogant lot.

    1. Vometia has insomnia. Again. Bronze badge

      Re: Due Diligence

      It's not as if HP don't have form for this. Even after years of Palmer's misrule, DEC (albeit via Compaq) was still a goldmine for HP. But they were clueless and absolutely failed to realise what they'd bought.

  5. amanfromMars 1 Silver badge

    Heads I Win/Tails You Lose?????

    Lynch is accused by the US of defrauding investors in Hewlett Packard after selling his firm Autonomy to HP for $11bn in 2011.

    Oh ‽ . Surely it is much more a case to be argued of Hewlett Packard defrauding investors and the US after their purchase of Autonomy.

    If someone offered you $11bn for something they wanted that you had to give, would you refuse it?

    It's one of those chicken/egg things, is it? Was Autonomy bought [by a predator/entrepreneur/business] or sold [by a predator/enterepreneur/business]?

    1. iron Silver badge

      Re: Heads I Win/Tails You Lose?????

      What that sentence means is HP were the investor being defrauded, they invested in Autonomy thinking it was a profitable software company. It wasn't.

      Nothing to do with people who had invested in HP.

    2. Anonymous Coward
      Anonymous Coward

      Re: Heads I Win/Tails You Lose?????

      Was Autonomy bought [by a predator/entrepreneur/business] or sold [by a predator/enterepreneur/business]?

      Yes

      1. amanfromMars 1 Silver badge

        Is Trading with the Enemy Treason in a Time of Non Declared War?

        Was Autonomy bought [by a predator/entrepreneur/business] or sold [by a predator/enterepreneur/business]?

        Yes ...... Anonymous Coward

        Thus is the prosecution and extradition request then in such a case, a malignant persecution and wilful malicious violation of a societal norm, AC ‽ .

        For Priti Patel [and the Conservative Party Cartel by inference and intimate Cabinet Office association] not to refuse a vindictive fraudulent request from a distant foreign bully, beaten to the punch fair and square, raises the spectre confirmed that UKGBNI have deep in their midst a mole/a probable nest of moles, and therefore they cannot be trusted with anything novel and sensitive and great game changing.

        Déjà vu, eh ........ the Establishment has pretty well documented form.

        For those who don't know of that form, Spycatcher, The Candid Autobiography of a Senior Intelligence Officer, a memoir written by Peter Wright, former MI5 officer and Assistant Director, diligently informs ...... and he would definitely know.

        1. Clausewitz 4.0 Bronze badge
          Devil

          Re: Is Trading with the Enemy Treason in a Time of Non Declared War?

          Extradition seems pretty much difficult in a time like this.

          It was tried before, if I remember, and dilligently blocked by a group of politicians and defense personnel. Throwing some millions of dollars into the president's family and inner circle seems lost money as of now, as the president looks like an ousted asset already.

          FBI, and others in the US judicial system ( and alikes ) tend to throw all kinds of allegations to get who they want. Sometimes to catch a suspected hacker, they throw even... terrorist charges !!!!

          Money, money... Is indeed funny...

          1. amanfromMars 1 Silver badge

            Money, money... Is indeed funny... however, it is not without its imperious pious uses

            Whenever it has been one's serial experience that a diligent appearance and safe obscured revelation of definitely sensitive and able to be extremely disruptive and even highly destructive information for further intelligent services processing and utilisation/authorisation and engagement for principal party drivering/remote virtual endorsement with excessively rewarding contiguous payments to/for vital source ..... thus that all concerned parties are constantly continually aware of the default understood position which has them exercising a primary lead with supplemental secondary and subsequent tertiary benefits and leverage with also yet to be similarly provided future possible fare/ware .... to perceived and presumed and assumed to be of sterling interest to interesting native home facilities and utilities is proven to be misplaced with a highly evident dearth of action and proactivity in necessary fields of endeavour, does the feed of such seeds quite naturally and logically flow to engage and empower and enhance a formerly perceived and conceived alien force and opposing source of great geopolitical and metadataphysical interest ........ with their funny money making worlds go around and around and around ....... and all at the cost of practically nothing of lasting intrinsic value extremely easily produced and printed out for ease of general purpose wide popular acceptance use ....... which as is all too often very quickly discovered, is easily discovered to be an object ravenously subjected to rampant social abuse and criminal misuse.

            Square that circle with the right partners and almighty powerful doesn't even come close to describing and revealing the unleashed energy available for ...... well, Future ProgramING Projects is just one of the many available futures and their derivatives to lead at the Start and in the Beginning.

            And Squared Circlers are always on the LookOut and NEUKlearer HyperRadioProACTive IT Hunt for Almighty Powerful Right Minded Partners who/which be not Sinister Trojans harbouring Incompatible Objectives for Weak and Perverse Minds.

        2. Clausewitz 4.0 Bronze badge
          Devil

          Re: Is Trading with the Enemy Treason in a Time of Non Declared War?

          As of now, MKUltrAI project via microwave / mind (failed) control / drug inducing / marginalization, seems pretty much like a FAILED PROJECT.

          Deals incoming, blue-tooths slowly being removed and sold, bribed leaders freaking out, political tides changing not in your favor..

          The Sino-Soviet partnership is a Winning ManaceAI

  6. Zanzibar Rastapopulous

    Due process...

    Hard to imagine the rest of us could afford this kind of court attention.

    Also interesting to see British subjects/residents/whatever being bitches in the US-UK extradition deal yet again, whilst US citizens get to do it on zoom when they f'ing killed someone.

    If they want to lower themselves even to that of course..

  7. BebopWeBop

    It was said that Patel wants to read the High Court judgment in the (separate) long-running civil case between HPE and Lynch before deciding whether to extradite;

    Can Patel read?

    1. oiseau Silver badge
      Facepalm

      Can Patel read?

      Yes.

      I'm quite sure she can.

      Problem the UK faces is that they cannot be certain about her being capable of properly understanding what she will read or, worse yet, actually understand the consequences of her actions afterwards.

      Like most (if not all) Tory party types.

  8. amanfromMars 1 Silver badge

    Re: Money, money... Is indeed funny... however, it is not without its imperious pious uses

    Well, well, well ! Whoever would have a'thunk it ....... https://www.rt.com/news/544401-nasa-looks-religious-scholars-aliens/

    And just whenever some folk were intent and content on telling you alien comment here was no better than GBIrish and verging on the unintelligible.

    Ah well, just as they say, ...... Some folk work in mysterious ways.

    Merry Xmas and a Happy New Year to All/Prettige kerstdagen en een gelukkig nieuwjaar voor iedereen/С Рождеством и Новым годом всех!/祝大家聖誕快樂,新年快樂/Frohe Weihnachten und einen guten Rutsch ins neue Jahr an alle.

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