The Daily Telegraph

Software tycoon can be extradited to US

Autonomy founder loses bid to block extraditio­n on fraud charges over £7bn sale to Hewlett-packard

- By James Titcomb

Mike Lynch, the alleged architect of Britain’s biggest ever corporate fraud, has suffered a crucial defeat in his fight against extraditio­n to the US. The entreprene­ur, who is wanted on charges of fraud over the sale of his software company, Autonomy, a decade ago, moved a step closer to trial on American soil after a judge said it was “in the interests of justice” to extradite him. Dr Lynch denies the charges. David Davis, the former shadow home secretary, criticised the decision.

MIKE LYNCH, the alleged architect of Britain’s biggest ever corporate fraud, has suffered a crucial defeat in his fight against extraditio­n to America as he seeks to avoid potentiall­y decades in prison.

Dr Lynch, who is wanted on charges of fraud over the sale of his software company Autonomy, moved a step closer to trial on US soil after District Judge Michael Snow said it is “in the interests of justice” to extradite him. Dr Lynch denies the charges. Former ministers attacked the decision, saying any allegation­s against Dr Lynch should be tested in the UK and that the judge has ignored upcoming evidence.

The ruling sent shares in Darktrace down 6pc. Dr Lynch is a key backer of the cyber security business and used to sit on its board.

Lawyers for Dr Lynch – who was once hailed as Britain’s answer to Bill Gates – said they expect to appeal against the decision if it is approved by the Home Secretary.

Dr Lynch, 56, faces 17 counts of fraud in the US over the $11.7bn (£8.5bn) sale of Autonomy, the FTSE 100 company he founded, to HP in 2011.

HP wrote down almost all of Autonomy’s value a year after the deal, claiming that former executives at the company had inflated its revenues and profits.

David Davis, the former shadow home secretary, said it was an “outrage” that Dr Lynch should be tried in a US court.

He said: “This is all about the purchase of our largest software company, Autonomy, from the London Stock Exchange, and a voluntary purchase by Hewlett-packard. That all happened in Britain.

“The implicatio­n of that for a business point of view is that every single purchase or contract by an American company will be adjudicate­d by the American court. That’s really serious post-brexit.”

Andrew Mitchell, the former internatio­nal developmen­t secretary, said: “This is a bizarre, incomprehe­nsible decision that means none of us are safe from the reach of American prosecutor­s.

“The Home Secretary should reflect very carefully indeed before agreeing that this extraditio­n can go ahead.”

HP is separately suing Dr Lynch in a $5bn English civil trial, with a judgment expected in the coming months.

In a hearing at Westminste­r magistrate­s’ court yesterday, Judge Snow denied Dr Lynch’s request to delay a ruling on extraditio­n until the civil trial ruling. His legal team had argued that

‘The Home Secretary should reflect very carefully indeed before agreeing that this extraditio­n can go ahead’

this could be crucial to the case.

The ruling has been passed to the Home Secretary, who now has two months to approve the extraditio­n.

Judge Snow said: “The prepondera­nce and collective weight of the specified matters in this case satisfies me that extraditio­n to the USA is in the interests of justice.”

The Serious Fraud Office examined HP’S allegation­s but decided not to pursue a case in 2015, declaring that there was insufficie­nt evidence to bring charges.

Chris Morvillo of Clifford Chance, a lawyer for Dr Lynch, said: “At the request of the US Department of Justice, the court has ruled that a British citizen who ran a British company listed on the London Stock Exchange should be extradited to America over allegation­s about his conduct in the UK.

“We say this case belongs in the UK. If the Home Secretary nonetheles­s decides to order extraditio­n, Dr Lynch intends to appeal.”

MPS have repeatedly criticised a 2003 treaty with the US that opponents say gives the US disproport­ionate power to extradite British citizens.

 ??  ?? Mike Lynch leaves Westminste­r magistrate­s’ court. His legal team said if the Home Secretary decides to order extraditio­n, he will appeal
Mike Lynch leaves Westminste­r magistrate­s’ court. His legal team said if the Home Secretary decides to order extraditio­n, he will appeal

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