San Francisco Chronicle

Ex-Netflix exec accused of taking kickbacks

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @BobEgelko

A former Netflix executive has been charged with accepting hundreds of thousands of dollars in kickbacks from tech companies seeking deals with the video-streaming company.

Michael Kail pleaded not guilty to multiple counts of fraud and money laundering Tuesday in federal court in San Jose and was released on $200,000 bond. The criminal charges come in the wake of a civil suit by Netflix against Kail over similar allegation­s. The suit was settled out of court.

Kail, 49, of Los Gatos, worked for Netflix from 2011 until August 2014 and was vice president in charge of the company’s informatio­n technology department. He was then hired by Yahoo as chief informatio­n officer, left in 2015 after Netflix sued him, and then started his own software security company, Cybric.

Prosecutor­s said that between February 2012 and July 2014, Kail received more than $500,000 from at least three companies, and accepted valuable stock options from other firms. In exchange, prosecutor­s said, he approved millions of dollars’ worth of contracts for goods and services from those companies. None of those companies has been charged in the case.

Kail deposited the payments with a company he created, Unix Mercenary LLC, and used them to pay personal expenses and buy a home in Los Gatos, prosecutor­s said.

Kail’s lawyer, Joseph Ainley, said Wednesday that his client denies guilt and expects to be vindicated at his trial.

“As a known technology leader in the Silicon Valley, Mr. Kail frequently advises cutting-edge startups on nextgenera­tion technology,” Ainley said. “This indictment is unfounded and takes direct aim at the spirit of innovation and entreprene­urship that makes the valley such a vital part of the economy.”

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