London Daily

Focus on the big picture.
Friday, May 09, 2025

UK politicians and business people will be closely watching the extradition of Mike Lynch

UK politicians and business people will be closely watching the extradition of Mike Lynch

The founder of Autonomy, which was bought by HP, Dr Mike Lynch has fought extradition tooth and nail.
The extradition of Mike Lynch to the United States will undoubtedly alarm a number of British business people.

Dr Lynch faces charges over Autonomy, the software company he founded and which was bought by Hewlett Packard in 2011 for $11bn.

The US hardware maker subsequently wrote off $8bn of the purchase price and has accused Dr Lynch of manipulating Autonomy's accounts.

Central to Dr Lynch's attempt to avoid extradition was that Autonomy was a British company, listed on the London Stock Exchange, subject to British accounting rules and whose takeover was carried out under British takeover rules.

Therefore, they argued, the British courts were the place to hear such a case.

The UK courts found against him on the grounds that Autonomy had derived the majority of its sales in the US and that the losses incurred by HP had been suffered in the US and by American investors.

Unhelpfully for Dr Lynch, the UK's Serious Fraud Office had dropped its own investigation into the takeover in 2015, indicating the US was the most appropriate jurisdiction in which any such proceedings should take place.

The US authorities also argued that claims made by Dr Lynch about Autonomy's financial performance in phone calls and emails to HP's advisers and executives had broken US wire fraud law.

The implications for British business people, then, are that anyone who sells their business to a US buyer, who derives a proportion (however small) of their sales in the US, or whose shares are bought by a US investor, may be open to similar treatment if perceived of wrongdoing.

It is why Dr Lynch's MP, the Conservative Party chairman Greg Hands, has previously argued the existence of the treaty will deter entrepreneurship and deter some British businesses from selling interests to US investors.

Aggressively going after British business people

The US certainly has form in going after British business people aggressively.

Among the more notorious cases was that of Nigel Potter, the former chief executive of the gambling and dog track operator Wembley Group, who was jailed in 2005 for three years after being convicted on three counts of conspiring to commit wire fraud.

He was forced to serve his sentence in a high security prison because, as an "alien", he was deemed a flight risk.

Unlike Dr Lynch, who fought extradition tooth and nail, Mr Potter had travelled to the US voluntarily in an attempt to clear his name. The mild-mannered accountant even found himself being clapped in leg irons when undergoing cancer treatment.

Then there was Ian Norris, the former chief executive of Morgan Crucible, the industrial materials company.

He was accused by the US of conspiring to fix the price of car parts and avoided extradition when the House of Lords ruled he could not be convicted of the offences and, accordingly, not extradited.

The US then went after Mr Norris on a lesser charge of conspiring to obstruct a criminal antitrust inquiry - and ended up being jailed for 18 months.

Most famous were the so-called "NatWest Three" - Giles Darby, David Bermingham and Gary Mulgrew - who were convicted for wire fraud while working for NatWest and doing business for the crashed US energy trading group Enron.

Like Dr Lynch, they argued that, as British nationals working for a British bank and whose alleged offences took place in Britain, they should be tried in Britain.

The courts, again, disagreed.

Prior to their extradition, the three argued they would not receive a fair trial in the US, a concern also flagged by Dr Lynch and his supporters.

Mr Bermingham later wrote in The Times: "It is a near statistical certainty that someone extradited to the US will end up guilty, most probably through a plea bargain rather than going to trial, because the criminal justice system in the US is so heavily geared towards this outcome… a toxic combination of political machismo and judges who are political appointees produces a system where few sane people will run the risk of going to trial.

"Nearly 98% of people indicted in the federal system will plea bargain, because the penalties for losing at trial are so disproportionate."

There is also a suspicion that the case against Dr Lynch has been motivated by spite on the part of HP for the way it ended up overpaying for Autonomy.

Meg Whitman, the former chief executive under whom HP pursued civil charges against Mr Lynch, has gone on to pursue a career in politics and is currently the US ambassador to Kenya. It is easy to see how the US Department for Justice might be tempted to take up the cudgels on behalf of such a big, established US company.

The embarrassment for HP from the Autonomy deal is lasting - not least because, in the City, Dr Lynch was always quite a divisive figure.

Had HP done better due diligence when it acquired Autonomy, it would not have had to look very far to find analysts who had accused the company of fiddling its figures.

The political dimension

There is a broader dimension to the case, too.

Many MPs, among them the former Brexit secretary David Davis, the security minister Tom Tugendhat and the former Liberal Democrat leaders Sir Vince Cable and Sir Menzies Campbell, say Dr Lynch's case raises broader issues of UK sovereignty.

They argue that the extradition treaty between the UK and the US signed by the Blair government in 2003 is one-sided and that more Britons seem to be extradited to the US than the other way round.

That criticism has intensified in the wake of America's refusal to extradite the diplomat's wife Anne Sacoolas for causing the death of the British teenager Harry Dunn.

Politicians, then, will be watching closely to see what happens to Dr Lynch.

So, too, will many British business people.
Newsletter

Related Articles

0:00
0:00
Close
Historic Papal Conclave Set to Commence in Rome
Huge Copper, Gold, and Silver Discovery in Argentina and Chile — But the Profits Go Abroad
Prince Harry is pleading for reconciliation — but the royals are just as sick of his victimhood as everyone else
The Road to Freedom: She Protested Putin, Escaped House Arrest, and Survived a 2,800-Kilometer Journey
OpenAI's Flip-Flop: No Longer Going Commercial, Back to Nonprofit, After Musk Lawsuit and Backlash
“Trump Supporter” Aims to Bring a MAGA-Style Shift to Romania
First From China: Zhao Xintong Wins the Snooker World Championship
Nvidia Faces Billion-Dollar Losses – Warns: China Is on Its Way to Becoming an AI Superpower
Trump Rules Out Third Term, Names JD Vance and Marco Rubio as Potential Successors
Mexico Says ‘No’ to U.S. Troops: President Sheinbaum Rejects Trump’s Offer to Fight Cartels
Nigel Farage’s Reform UK Storms the Map, Wrecking the Two-Party Monopoly
DOGE: Reimagining Government Operations with AI
Common Sense Returns to Britain's Legal System: UK Supreme Court Declares a Woman Is… a Woman
Beijing Says U.S. Is ‘Reaching Out’ for Tariff Talks Amid Soaring Trade Tensions
U.K. Court Rejects Prince Harry’s Final Appeal Over Police Security
Prince Harry’s Heartfelt Outburst Rocks the Royal Family
Trump Shares AI-Generated Image of Himself as… Pope, Prompting Outrage Reaction
Transgender Swimmer Secures Five Gold Medals at U.S. Masters Championship
Prince Harry: “I Want Reconciliation with My Family”
Germany's Alternative für Deutschland (AfD) party has now been officially labeled “right-wing extremist” by the federal office for the so-called “protection of the constitution.”
Amazon Launches Satellite Internet Service Amidst Competition with SpaceX
Transformative Changes in Women's Wrestling: The Rise of WWE Superstars
The Rush to the White Gold: Global Investment Surge in Natural Hydrogen Exploration
This is a day in Spain without electricity and internet
Reform UK Surprises in British Elections, Challenging Traditional Two-Party System
180-Year-Old Christian University in South Carolina Announces Closure Due to Unmet $6 Million Fundraising Goal
Brazilian Woman Jailed for Fourteen Years for Writing “You Lost, Idiot” on Statue During Protest
Trump Administration Removes National Security Adviser Mike Waltz Amid Signal Chat Controversy
Dutch Politician Eva Vlaardingerbroek Receives Spyware Threat Alert from Apple
Paramount Board Considers Settlement in Trump’s $20 Billion Lawsuit Over "60 Minutes" Interview
U.S. Economy Shrink in Trump’s First Quarter as Tariff Policy Raises Questions
Deadline Looms for RTS Meter Replacement: Hundreds of Thousands at Risk of Heating Disruption
Sweden Grapples with Deadly Gun Violence: Suspect Arrested After Three Young Men Killed in Uppsala Hair Salon
Walz Reveals Why Harris Chose Him as Her Running Mate and Reflects on Democratic Losses
Spain Restores Power After Unprecedented Nationwide Blackout
Carney Secures Liberal Mandate in Canada’s Federal Election
Death Penalty Sought as Luigi Manion Pleads Not Guilty in CEO Murder Case
President Trump contacts Jeff Bezos after reports of Amazon considering listing tariff surcharges; company clarifies no such plan for main platform
Spain and Portugal Recover from Massive Blackout
Liverpool Clinches Record-Equalling 20th English League Title Under Arne Slot
Singapore Politicians Warn Against Foreign Interference in Election
Driver Ploughs into Vancouver Festival Crowd, Killing Nine
Depression, Fear of Defamation, and a Tragic End: New Details on Virginia Giuffre’s Suicide
“Sharia for UK, Allah Akbar!”
Massive Explosion at Iran's Bandar Abbas Port Linked to Suspicious Chemical Shipments
Incident Reflection: A Harsh Reality Check
Pakistani migrants to Danish man: “ “We have 5 children while you have 1 or 2. In 10 years, there will be more Pakistanis than Danes here.“
Clashes Erupt in London as Tensions Rise Between Indian and Pakistani Communities
Specialized anti-drone weapons deployed among security personnel Ahead of Papal Funeral
How do you fix this culture?
×