Federal prosecutors on Monday painted one-time British tech star Mike Lynch because the ruthless mastermind of an $11 billion deal that defrauded Silicon Valley pioneer Hewlett Packard.
However his lawyer depicted him as a visionary who was made a scapegoat for a determined purchaser’s dangerous determination.
The contrasting portraits of Lynch, 58, emerged firstly of a felony trial revolving round HP’s 2011 acquisition of British software program maker Autonomy — a deal that was initially celebrated as a coup, however as a substitute unraveled right into a expensive debacle.
Lynch, as soon as hailed for example of British ingenuity, is dealing with 16 felony counts of fraud and conspiracy that might ship him to jail for greater than 20 years if a jury convicts him of all fees. The trial in San Francisco federal courtroom is scheduled to final two to 3 months.
Though the trial is generally about Lynch’s 16-year reign that culminated in his 2012 firing by then-HP CEO Meg Whitman simply 9 months after the takeover, the proceedings may even forged a highlight on the decay and chaos at a storied Silicon Valley firm.
Whitman’s predecessor, Leo Apotheker, snapped up Autonomy as a part of a plan to reduce HP’s dependence on promoting private computer systems and printers amid the upheaval unleashed by the rise of the smartphone. However after the deal devolved right into a monetary scandal, Whitman wound up shedding 1000’s of staff as HP’s fortunes sagged, main finally to the corporate being break up in two in 2015.
Lynch’s lawyer, Reid Weingarten, hammered on HP’s deteriorating situation in 2011 as the first cause the corporate sought to finish the Autonomy acquisition with out even conducting a radical overview of the enterprise. Issues have been so dangerous, Weingarten advised the the jury, that Apotheker had likened HP to a “burning platform” within the ocean. In the meantime, Whitman, he mentioned, had praised Autonomy’s merchandise as “magical software program.”
“HP was in determined form, so that they wanted to do one thing,” Weingarten advised the jury throughout his hourlong opening assertion.
In his 80-minute opening assertion, federal prosecutor Adam Reeves asserted Lynch began mendacity to HP executives as quickly as deal discussions started with an early 2011 assembly held at HP’s headquarters in Palo Alto, California — the identical metropolis the place Invoice Hewlett and Dave Packard began the corporate in 1939.
“It was the scene of an $11 billion fraud,” Reeves mentioned of that preliminary assembly between Lynch and HP executives. Though Lynch made it look like he was working a “money-making machine,” Reeves mentioned, “Autonomy’s success was in truth an elaborate multilayered, multiyear fraud.”
Reeves mentioned the prosecution will current witnesses who will clarify how Autonomy cooked its books and engineered quite a lot of offers to inflate its income in unlawful methods throughout a 2 1/2-year interval that duped HP into paying for an acquisition it will come to rue. And Lynch orchestrated the skullduggery, in accordance with Reeves.
“He was a dominating, controlling boss,” Reeves advised the jury. “For a few years, he ran Autonomy with an iron fist.”
Though he acknowledged Lynch is a “laborious charger” who demanded one of the best from his workers, Weingarten mentioned Lynch delegated most accounting and advertising and marketing points whereas he centered totally on innovation.
“Mike was forward of everyone for a very long time,” Weingarten mentioned. “He’s a startup man who preferred to be consuming chilly pizza at 2 within the morning whereas inventing one thing.”
Weingarten additionally confirmed the jury an inner HP doc drawn up in July 2011 — a month earlier than the acquisition was introduced — valuing Autonomy at $46 billion, suggesting the evaluation confirmed HP thought it was getting a discount to amass the rights to software program that helped companies discover data buried in emails and Phrase paperwork.
Autonomy’s “software program was so highly effective that no competitor was close to them and it offered like hotcakes,” Weingarten mentioned.
Lynch, who has been free on $100 million bail since being extradited to the U.S. final Might, sat stoically by means of many of the opening statements whereas taking a look at displays showing on a show and infrequently peering on the legal professionals and jury.
The jury finally will get to listen to from Lynch, who Weingarten promised will testify to inform his aspect of the story.
“We would like you to know him, we expect that helps us,” Weingarten mentioned.
The testimony will doubtless open the door for prosecutors to drill down into Lynch’s motives for making a deal from which he pocketed greater than $800 million, in accordance with courtroom paperwork.
Apotheker, who was changed Whitman a couple of weeks after the Autonomy deal was introduced, additionally is anticipated to testify. Whitman, at the moment the U.S. ambassador to Kenya, isn’t anticipated to come back to courtroom in the course of the trial, though her administration of HP and the Autonomy takeover is anticipated to be positioned beneath a microscope.
Lynch’s trial will concurrently cowl fraud allegations made in opposition to Stephen Chamberlain, Autonomy’s former vp of finance.
Sushovan Hussain, Autonomy’s former chief monetary officer and Lynch’s former workplace mate, was sentenced to 5 years in jail in 2019 after being convicted on 16 felony counts of fraud and conspiracy. Though Hussain’s identify was talked about throughout Monday’s opening statements, his conviction wasn’t.
