Mike Lynch loses latest legal fight against US extradition

Mike Lynch, the British software program entrepreneur, has misplaced the newest spherical in a authorized struggle towards his extradition to face trial within the US on legal fraud prices over the $11bn sale of his firm Autonomy to Hewlett-Packard.

Priti Patel, UK house secretary, must resolve by Friday whether or not to approve Lynch’s extradition from Britain to the US.

The US has accused Lynch of manipulating Autonomy’s accounts, main HP to pay an additional $5bn for the corporate when it purchased it in 2011. He faces a US legal trial the place he’s accused of 14 counts of conspiracy and fraud. A London court docket dominated final July that he needs to be extradited to face the costs within the US. Lynch denies wrongdoing.

On Wednesday, the Excessive Courtroom rejected an try by Lynch’s authorized workforce to permit Patel extra time to contemplate her determination on whether or not to approve the extradition. Extra time would doubtlessly have allowed her to think about an upcoming Excessive Courtroom ruling from Mr Justice Robert Hildyard.

Hildyard is because of ship a judgment inside weeks on a civil lawsuit introduced by Hewlett Packard Enterprise towards Lynch alleging fraud over the Autonomy deal. The Excessive Courtroom trial, which occurred in 2019, coated the identical allegations across the Autonomy sale and heard from a number of the similar witnesses who’re anticipated to testify within the US trial.

Mr Justice Jonathan Swift on Wednesday rejected Lynch’s newest authorized utility and mentioned Patel ought to have till Friday to decide on the extradition. Her determination is ready to begin the clock on an attraction by Lynch, which should then be filed inside 14 days. The extradition appeals course of is prolonged with some circumstances. One lodged by WikiLeaks founder Julian Assange took years.

Authorized specialists have mentioned that Lynch’s case has wider significance for British enterprise executives, setting an necessary precedent for these accused of legal wrongdoing. The UK-US extradition treaty signed in 2003 has lengthy been criticised by British MPs for being weighted in favour of the US.

Thomas Garner, a companion and extradition lawyer at legislation agency Fladgate, mentioned a beneficial determination within the Excessive Courtroom civil trial may present a foundation for Lynch in any extradition attraction.

He added: “Nonetheless, a unfavorable determination within the civil trial would, after all, be very damaging . . . attorneys on either side will pore over the civil judgment for any findings which assist their trigger. Regardless of the end result, it appears seemingly that Mr Lynch’s case will rumble on for a while but.”

A spokesperson for Lynch declined to remark. The House Workplace has been contacted for remark.