[HN Gopher] Autonomy founder Mike Lynch can be extradited to US
___________________________________________________________________
 
Autonomy founder Mike Lynch can be extradited to US
 
Author : pseudolus
Score  : 98 points
Date   : 2021-07-22 16:25 UTC (6 hours ago)
 
web link (www.bbc.com)
w3m dump (www.bbc.com)
 
| rdxm wrote:
| for the amount of money HP flushed on autonomy they could have
| built a real pub cloud offering. Apothoker is worst CEO ever put
| in place by the worst Board ever....one shit-show after
| another...
 
| advisedwang wrote:
| I'm glad to see white collar crime taken seriously. Its always
| painful to see billion dollar crimes go unpunished.
 
  | colpabar wrote:
  | I want to agree, but the problem I have this particular case is
  | that it seems that it's only being taken seriously only because
  | the affected party is a massive US corporation. The US is going
  | after someone from another country because he ripped off a
  | bunch of rich people, but still, no one responsible for the
  | 2008 financial crisis has been punished.
 
| nyc_pizzadev wrote:
| Some details here:
| 
| https://www.justice.gov/usao-ndca/pr/former-autonomy-cfo-sen...
| 
| > The evidence at trial demonstrated that for more than two years
| prior to the sale, Hussain, 55, a citizen and resident of the
| United Kingdom, used sophisticated accounting methods to falsely
| inflate Autonomy's revenues to make it appear Autonomy was
| growing when it really was not. Specifically, Hussain used
| backdated contracts, roundtrips, channel stuffing, and other
| forms of accounting fraud to fraudulently inflate Autonomy's
| publicly-reported revenues by as much as 14.6% in 2009, 17.9% in
| 2010, 21.5% in the first quarter of 2011, and 12.4% in the second
| quarter of 2011.
 
  | bartread wrote:
  | > channel stuffing
  | 
  | I'm slightly confused, and forgive my ignorance: how do you
  | channel stuff _software_? I mean, granted this is 2009 - 2011,
  | but even back then were Autonomy really selling software as a
  | physically packaged good, or is there some way that virtual
  | goods can be channel stuffed? (E.g., selling a shedload of
  | license keys to resellers, many of which remain unsold to end
  | users? Would that be something that even applied to the
  | software Autonomy made?)
  | 
  | EDIT: Similarly, for roundtripping, doesn't there need to be
  | another company or companies involved? Doesn't there have to be
  | some collusion? And if so, who are these other parties and why
  | aren't we hearing about them?
  | 
  | EDIT 2: This might explain the channel stuffing comment, and
  | provide some mechanism for it: "fraudulently concealed from
  | investors and market analysts the scale of Autonomy's hardware
  | sales".
 
    | nyc_pizzadev wrote:
    | I am a bit familiar with Autonomy, but I don't know the exact
    | specifics. They were in the software license business, so if
    | I were to speculate, they would get a new channel partner and
    | then forward them 250 server licenses, book the full revenue
    | during that quarter, and then the partner has to sell all the
    | licenses. But that could possibly take years. Repeat with a
    | handful of fresh partners and you could book a significant
    | amount of revenue growth. Given Autonomy had access to huge
    | amounts of credit, money could have been fronted and
    | exchanged to make these transactions look very legitimate.
    | 
    | The roundtripping is not very clear. Maybe the same thing
    | thru one of their acquisition companies?
 
  | boomskats wrote:
  | This is a big deal if it's a public company, sale or no sale.
  | The ex-CEO of CA served 8 years for seemingly doing a lot
  | less[0].
  | 
  | [0] https://en.wikipedia.org/wiki/35_day_month
 
  | gnufx wrote:
  | This was supposed to wait on the verdict in the civil case
  | brought by HP(E?) on that sort of thing, which at least seems
  | right. The Register covered it in detail, and currently has
  | https://www.theregister.com/2021/07/22/mike_lynch_extraditio...
 
  | guiriduro wrote:
  | Sounds like something that would potentially be criminal in the
  | jurisdiction in which the company operated, and for whom any
  | questions of interpretation of accounting as criminal or
  | otherwise would be wholly circumscribed: that jurisdiction is
  | the UK. Nothing - especially a US-style "plea bargain" of
  | trumped up charges threatening long incarceration unless the
  | victim pleads 'guilty' to them, akin to torture in the
  | worthlessness of any admission or incrimination of others so
  | obtained - combined with jurisdictional overreach, this should
  | be laughed out of court in the UK.
 
    | freeopinion wrote:
    | https://www.crunchbase.com/organization/autonomy
    | 
    | says that Autonomy HQ is in San Francisco, CA.
 
      | cycomanic wrote:
      | You have read the article saying the company was sold in
      | 2011?
 
| stormdennis wrote:
| America shouldn't be allowed to extradite and prosecute people
| who have not committed crimes in America. They'd never allow it
| in reverse. Also the justice system there doesn't inspire
| confidence.
 
  | [deleted]
 
  | sjaak wrote:
  | You're right of course. But as always. The strong do what they
  | can, and the weak suffer what they must.
 
  | chrisseaton wrote:
  | > America shouldn't be allowed to extradite...
  | 
  | America aren't extraditing him - the UK is extraditing him.
 
    | teh_klev wrote:
    | Sure, but a bit nit-picky. The extradition process being
    | fought against in court was initiated by the US government.
 
  | acover wrote:
  | Edit: ignore me, I didn't know what I was talking about.
  | 
  | Irrelevant information: The us has extradition treaties with
  | many countries.
  | 
  | https://en.m.wikipedia.org/wiki/Extradition_law_in_the_Unite...
 
    | capableweb wrote:
    | > You are wrong
    | 
    | What do you mean "wrong"? They expressed an opinion, not a
    | fact.
    | 
    | That you shouldn't be able to be extradited to a country you
    | have nothing to do with, is something I agree with as well,
    | but I wouldn't say it's "true". What is true today is that
    | many countries have treaties to allow them to basically
    | kidnap citizens of other countries. If you think that's
    | good/bad, you should argue for one of those viewpoints, not
    | necessarily if it's true/false.
 
    | mjw1007 wrote:
    | It does, but the question is whether the US would extradite
    | one of its citizens for crimes they'd allegedly committed
    | _while in the US_.
    | 
    | I don't see anything on that Wikipedia page that says it
    | would.
    | 
    | The more usual case for extradition is for returning
    | fugitives who have left the country where they allegedly
    | committed the crime.
 
      | acover wrote:
      | Sorry, I misunderstood.
      | 
      | > The treaty has been claimed to be one-sided[3] because it
      | allows the US to demand extradition of British citizens and
      | other nationals for offences committed against US law, even
      | though the alleged offence may have been committed in the
      | UK by a person living and working in the UK (see for
      | example the NatWest Three), and there being no reciprocal
      | right; and issues about the level of proof required to
      | extradite from the UK to the US versus from the US to the
      | UK.[4]
      | 
      | https://en.m.wikipedia.org/wiki/UK-
      | US_extradition_treaty_of_...
 
  | anonymousDan wrote:
  | I agree. There was a horrendous incident recently in the UK
  | where an American woman drove the wrong way up a particular
  | road and ran over a teenager. Somehow she was spirited out of
  | the country and now the US refuse to extradite her.
 
    | trasz wrote:
    | You're talking about Anne Sacoolas. There's more to it: she's
    | a spook, and she fled on board of US military plane, lying
    | about having diplomatic immunity.
 
      | anonymousDan wrote:
      | Yes - my understanding is she was the wife of a spoon and
      | didn't have diplomatic immunity? I agree perhaps there is
      | more to it, but still it leaves a bad taste in the mouth.
 
        | argonaut wrote:
        | There are conflicting reports on her diplomatic immunity
        | and whether she was still employed as a spy (she was
        | definitely employed by the US govt at the time, and as a
        | spy in the past). So it's not as simple as saying she
        | didn't have it or she lied about it. Looks to me like a
        | complicated legal matter.
        | 
        | At least the US State Dept position is that she did have
        | diplomatic immunity.
 
        | rjsw wrote:
        | And if she was still a spy that should have been declared
        | to the UK.
 
        | trasz wrote:
        | She (and US officials I think?) lied that she was a
        | diplomat's wife and thus had immunity. The fact that
        | she's herself a spook - and thus didn't have immunity -
        | was discovered later, during the trial.
 
        | anonymousDan wrote:
        | I stand corrected, thanks.
 
        | f38zf5vdt wrote:
        | For non-native English speakers, spook is vernacular for
        | government intelligence agent (spy).
 
        | microtherion wrote:
        | ... or a caucasian, or an Asian, or an Afrian-American,
        | or an Australian, or a heroin addict:
        | https://greensdictofslang.com/entry/a23ap7q
        | 
        | Clearly, the parent comment's interpretation is correct
        | in this context. The only other use I've encountered was
        | #3, I believe in James Ellroy novels.
 
  | Lendal wrote:
  | The article makes it sound like the victim was HP, an American
  | company, based in America. Did I misinterpret something?
 
    | trasz wrote:
    | It shouldn't matter: jurisdiction depends on where the crime
    | was committed, not on alleged victim's nationality.
    | 
    | This only happens one way, with extradition to the US, thanks
    | to worldwide bullying.
 
      | dragonwriter wrote:
      | > jurisdiction depends on where the crime was committed
      | 
      | No, it doesn't. Sovereignty is inherently unlimited.
      | Jurisdiction depends on the law of the party seeking to
      | exercise it. Bringing someone before the court with
      | jurisdiction may sometimes require external cooperation,
      | but the terms of that are products of diplomacy; there's no
      | hard and fast universal rules.
 
        | toyg wrote:
        | This is a maximalist view of sovereignty that happens to
        | be common in very few countries on the planet, namely the
        | ones not afraid to use violence against anyone stating
        | the opposite: the US, China, Russia, and a handful of
        | rogue states.
 
        | dragonwriter wrote:
        | > This is a maximalist view of sovereignty that happens
        | to be common in very few countries on the planet
        | 
        | Its actually obligatory under treaties of near universal
        | acceptance; though of course nations are free (and some
        | do) choose not to exercise jurisdiction beyond their
        | borders outside of those areas where treaty requires it.
        | Though I think the more common choice is to apply
        | jurisdiction both to citizens/nationals irregardless of
        | location for at least some offenses as well as general
        | jurisdiction over national territory.
        | 
        | Its true that some countries, like the US, are more
        | inclined than others to assert non-obligatory
        | jurisdiction over acts by foreigners on foreign
        | territory.
 
      | throwawaycuriou wrote:
      | As a US resident, if I rolled a large boulder downhill and
      | fatally crushed a small child across the Mexican or
      | Canadian border, would I be liable to extradition?
 
        | mjw1007 wrote:
        | There have been cases of US citizens literally shooting
        | and killing Mexican children over the border, and
        | extradition was refused.
        | 
        | https://en.wikipedia.org/wiki/Hernandez_v._Mesa
 
        | hayzeus wrote:
        | "Asking for a friend."
 
        | trasz wrote:
        | I'm guessing not, as the general rule is that US doesn't
        | extradite it's citizens.
 
        | relativ575 wrote:
        | The US does extradite its citizens:
        | 
        | https://www.npr.org/2021/03/02/972784817/2-americans-
        | extradi...
 
  | rwmj wrote:
  | Are you saying that (alleged) accounting fraud against a
  | company based in the US isn't a crime in America?
 
    | ris wrote:
    | Has a US company that deals with a Chinese one be considered
    | to have committed a crime in China if the Chinese decide they
    | have broken one of their laws? And in such a case what are
    | peoples feelings about extradition?
 
      | kube-system wrote:
      | Usually when countries disagree significantly on law, they
      | just don't sign extradition agreements. It takes at least
      | two countries to make this decision. The US has not signed
      | such an agreement, and thus, it doesn't matter what China
      | thinks.
 
        | buran77 wrote:
        | > when countries disagree significantly on law, they just
        | don't sign extradition agreements
        | 
        | That isn't about "compatibility" of the laws. The US has
        | extradition treaties with pretty much all of their allies
        | but the conditions are mainly dictated by the US given
        | their stronger position.
        | 
        | No country's laws condones war crimes and yet no
        | international court even tried prosecuting any case of
        | suspected war crimes committed by the US military because
        | of things like this [0].
        | 
        | [0] https://en.wikipedia.org/wiki/American_Service-
        | Members%27_Pr...
 
        | kube-system wrote:
        | I'm not talking about disagreements in the minutia of
        | law. I'm talking about "disagreement" of law in a broad
        | context. Extraditions to the US, even from countries with
        | which the US has a treaty, are not always honored.
        | 
        | My point is that it's not a one-way street. Countries
        | extradite because they think it's in their best interest.
 
        | buran77 wrote:
        | > Countries extradite because they think it's in their
        | best interest
        | 
        | Indeed and that was my point. Treaties are signed despite
        | significant disagreements in the law, that's not the
        | driving factor you made it out to be earlier. The EU and
        | the US historically disagreed significantly on things
        | like the death penalty or drug related crimes yet the
        | extradition treaties were readily signed. But interests
        | are better served by avoiding retaliation.
 
        | kube-system wrote:
        | There are multiple factors and law is absolutely one.
        | 
        | The fact that the US has the death penalty is a commonly
        | cited reason that other countries deny or hesitate to
        | extradite.
 
  | chippy wrote:
  | having the biggest economy, army, navy and airforce in the
  | world means whats allowed is relative to that power
 
    | Ostrogodsky wrote:
    | I am not sure if you are arguing if that is how it is or how
    | it should be.
 
| Andy_G11 wrote:
| The Due Diligence HP did on Autonomy sounds like an absolute
| shambles if this article is anything to go by:
| https://www.theguardian.com/business/2019/mar/28/hewlett-pac...
| 
| 6 hours of cursory 'scrutiny' before they decided to blow PS8bn
| on the acquisition... I wonder if the (now ex-) CEO would be
| interested in buying my house?
| 
| And what was the rest of the board doing when the CEO decoded to
| trample on due process to get the deal over the line in a hurry?
| 
| Cathie Lesjak, the HP CFO, never even read KPMG's preliminary DD
| report (https://www.accountingweb.co.uk/business/finance-
| strategy/hp...).
| 
| Interestingly, the KPMG report itself can be downloaded from the
| above site and I have given it a brief glance (thus surpassing Ms
| Lesjak's pre-purchase attention).
| 
| It is pretty clear from the caveats and predicating statements in
| the report (e.g. 'We make no representation for the sufficiency
| of your purposes of the procedures you selected, and those
| procedures will not necessarily disclose all significant matters
| about Target or reveal errors in the underlying information,
| instances of fraud, or illegal acts, if any.') that KPMG was
| saying 'Look, bud - you hired us in a very limited capacity,
| knowing the data was bad: the consequences of this going belly-up
| are gonna be your problem, not ours'. To be fair, this is
| probably par for the course in many transactions.
| 
| What is interesting is that the report does look at revenue
| recognition, which is supposedly a major contributor to the
| eventual SNAFU (out by 38%!!! - see
| https://www.itpro.com/strategy/24554/hp-says-autonomy-revenu...).
| 
| Page 26 even says 'We understand that your auditors may provide a
| grace period post acquisition to perform a more rigorous analysis
| using the industry accepted calculation methodology.' (Did they
| do this?)
| 
| HP was determined to buy without looking under the hood because
| it was afraid it would be pipped to the post by Oracle.
| 
| Subsequently, the Serious Fraud Office dropped an investigation
| against Lynch and Hussain (CFO) because of insufficient evidence.
| 
| 38% is material enough to not just be a 'to-mah-toe / to-may-toe'
| difference of opinion, so maybe there are grounds for a further
| grilling of Mr Lynch.
| 
| However, given the clear incompetence of HP's board and the
| shoddy DD they did, and the fact that the SFO could not find
| grounds to pursue the case, I would have thought that handing
| over a UK citizen to the US when he was at the time of the deal
| managing a UK co listed on the London Stock Exchange seems to
| indicate undue pressure has been brought to bear on the junior
| partner in the 'special relationship'.
| 
| I won't have much sympathy for either the incompetent or the
| shady (if this is the case) if they wind up in a relationship
| that has gotten messy, but this does not reflect well on the
| extradition reciprocity of US and UK.
 
  | abz10 wrote:
  | The SFO has a habit of not finding sufficient evidence, I
  | wouldn't read too much into that other than perhaps they too
  | are incompetent. In my view they are also likely corrupt as
  | well.
 
| macmac wrote:
| The US UK extradition treaty is a product of post 9/11 and
| comically imbalanced as persons may be extradited from the UK to
| the US for crimes committed in the UK which would be a crime in
| the US but not the opposite. See further:
| https://www.stokoepartnership.com/bambos-tsiattalou-discusse...
 
  | Spooky23 wrote:
  | The opposite is true as well.
  | 
  | A US person can be federally charged for violating a foreign
  | law while overseas. The example used when I read of this was a
  | guy convicted for wrapping lobsters for shipment in Nicaragua
  | in wax paper instead of a bag (or something along those lines).
  | 
  | It was very strange because the violation in Nicaragua was a
  | misdemeanor, but the US law for committing a crime is a felony.
 
    | Ostrogodsky wrote:
    | Maybe I am getting this wrong but that is not the opposite.
    | 
    | I think OP said: An UK citizen can be extradicted from the UK
    | to the US just by having done a thing that it is illegal in
    | the US but not in the UK.
    | 
    | You said: An US citizen can be charged in the US if he
    | committed a crime abroad even if that thing is not typified
    | as illegal in the US.
    | 
    | Wake me up when an US citizen is extradicted to the UK
    | because he did something perfectly legal in Washington but
    | which is considered a crime in London.
 
    | mattnewton wrote:
    | That sounds like the lobster seller was charged under the
    | notoriously broad Lacy Act, which I have heard most often in
    | arguments that is is impossible to be cognizant of everything
    | that is illegal in the US, since this law roughly imports
    | foreign laws. My understanding is it makes it a federal crime
    | to trade in wildlife or plants that are illegal under the
    | laws of a state, a Native American tribe, or any foreign law.
    | 
    | But it is limited to trade of plants and animals, not meant
    | as a general extradition agreement or to import _all_ foreign
    | laws.
    | 
    | https://en.m.wikipedia.org/wiki/Lacey_Act_of_1900
 
      | gunapologist99 wrote:
      | And not just living plants, but also (quite dead) wood and
      | products derived from wood, apparently especially if the
      | CEO donated to the opposing political party (the GOP):
      | 
      | https://humanevents.com/2014/05/30/the-true-villains-
      | behind-...
 
        | woodruffw wrote:
        | Apart from being poorly OCR'd, this article espouses a
        | conspiracy theory that the actual facts on the ground
        | just don't support. Gibson violated U.S. Customs law by
        | accepting shipments of wood that they _knew_ were
        | mislabeled at the port of entry [1].
        | 
        | [1]: https://en.wikipedia.org/wiki/Gibson#FWS_raids_&_Lac
        | ey_Act_v...
 
        | bsder wrote:
        | Everything is always politics ... however ...
        | 
        | Both Martin and Taylor ran far, far away from this
        | scheme.
        | 
        | Gibson absolutely deserved the whacking they got.
        | 
        | You can get around these problems in a legal way and be
        | somewhat responsible. Taylor, famously, bought all the
        | ebony stands in the world and promised to buy _all_ ebony
        | at the same price because the local population were
        | cutting down rare ebony trees and leaving them to rot if
        | they didn 't have black heartwood. This, of course,
        | creates a monopoly which is its own problem ... however,
        | any solution you come up with has to take into account
        | that the locals _will_ destroy the extremely rare ebony
        | trees for absurdly small (to us) amounts of money.
        | 
        | You can work within the legal frameworks, and Gibson has
        | more than enough staff to be able to comply. Gibson isn't
        | some tiny company that unjustly trod by the government.
        | Had you or I done this, we would be rotting in jail.
        | Gibson merely got a fine and even got its wood back.
 
        | gamblor956 wrote:
        | Conspiracy theories aside, it has been illegal to import
        | many varieties of wood into the U.S. and the EU for many
        | years or even decades.
        | 
        | The CEO of Gibson knew that he was illegally importing
        | wood, and did it anyway. His comparatively tiny donations
        | to the GOP were irrelevant.
 
        | hellbannedguy wrote:
        | "At one point in the saga, Juszkiewicz was told by
        | government agents he could make his problems go away if
        | he used foreign labor for manufacturing."
        | 
        | Wow--
        | 
        | (I do get we should not be importing endangered s pieces
        | of wood. This seems like someone overreacted? I guess the
        | moral of the story is don't play around with the feds?)
 
        | bsder wrote:
        | > I do get we should not be importing endangered s pieces
        | of wood. This seems like someone overreacted?
        | 
        | Exotic wood is in many ways like conflict diamonds. It
        | funds some quite horrible people who will denude a
        | country of its exotic wood if allowed--we have seen this
        | in action already.
        | 
        | Enforcement is far easier on the US side than on the
        | origin side--which is normally some corrupt as hell
        | dictatorship with people who are brutally poor.
 
| mark_l_watson wrote:
| I tried using Autonomy's NLP product at work in (about) 2001. It
| had good functionality but when I later heard what HP was paying
| for Autonomy, I was flabbergasted at what I thought was a very
| high price for their IP and software. I had no inside information
| of Autonomy except for trying their product, so take my opinions
| with a grain of salt.
 
  | tootie wrote:
  | They had a lot of big customers. In the web 1.0 days, Autonomy
  | was the de facto search platform for any big enterprise
  | project. It was the Oracle of search. Similarly, I did quite of
  | projects using the Interwoven suite of products that were
  | acquired by Autonomy. The software was really not very
  | impressive, but it was functional enough and had loads of deep-
  | pocketed customers.
 
| ffhhj wrote:
| > Mike Lynch sold Autonomy to US computer giant Hewlett Packard
| (HP) for $11bn in 2011.
| 
| > He denies allegations that he fraudulently inflated the value
| of Autonomy before the sale.
| 
| So the company is actually worth what? Let's say one half, $5
| billion, and HP expects to make how much more? Let's say at least
| twice, $22 billion. That's a large margin. Unless they expected
| to make just $11.5 billion from it.
 
  | abz10 wrote:
  | AFAIK it was good old fashioned accounting fraud. Losses booked
  | as marketing expenses, lifetime revenue of contracts booked
  | immediately, bundling overpriced software with underpriced
  | hardware to change the revenue mix to get better valuation
  | multiples. The fact that such blatant fraud could be missed for
  | so long is an indictment of everyone involved.
 
| [deleted]
 
| TheGigaChad wrote:
| Idiotic, the buyer should've payed attention.
 
| sircambridge wrote:
| omg I worked at a company that licensed Autonomy for like a
| million dollars a year and it was complete garbage lol
 
| dathinab wrote:
| As far as I can tell US prisons (in generally, not necessary all
| but I think most) are basically a heap of human right violations.
| 
| In that context I think extraditing anyone to the US should be
| treated as a human right violation and as such should not be
| done.
| 
| And even if we ignore their prisons from a German Law POV a lot
| of their law is fundamentally in conflict with the values
| represented by the constitution and might also be in conflict
| with the human right charter, which at least for Germany (and
| potentially other countries, too) is another reason why
| extradition to the US should not be allowed.
 
  | vizzier wrote:
  | I'm not sure that UK prisons are a huge amount higher in
  | quality having read news reports about them. Though state
  | controlled they're far from being the nordic model of
  | rehabilitation.
  | 
  | That said, a similar argument does prevent the UK from
  | extraditing anyone accused of a capital crime due to the death
  | penalty being banned in the UK.
 
    | ashtonkem wrote:
    | It seems like the UK certainly imprisons fewer people, which
    | can affect the tenor of the conversation.
 
    | tailspin2019 wrote:
    | > I'm not sure that UK prisons are a huge amount higher in
    | quality having read news reports about them.
    | 
    | Not a "huge amount" no. But from what I've read and heard,
    | definitely _an_ amount.
 
  | colinmhayes wrote:
  | Generally the federal prisons are better than state ones. They
  | still have solitary though so there are definitely major
  | issues.
 
    | bryanrasmussen wrote:
    | If a country does not obey human rights charters I don't
    | think we'll send you to one of our good prisons really works,
    | because that a prison is good is just a happenstance and
    | there is no legal reason why it should continue to be good.
 
  | wil421 wrote:
  | He's not going to those kinds of prisons no matter what, if
  | anything, he is convicted of.
  | 
  | White collar crimes done by rich people go to white collar
  | prisons. If you or I did this on a smaller scale we would
  | probably go to regular prison but not a billionaire.
 
    | downandout wrote:
    | The kind of prison he goes to will depend on the length of
    | his sentence. Federal prisons have a reputation for being
    | relatively tame, but this is only true at the minimum
    | security level. Inmates with more than 10 years on their
    | sentences cannot be placed at minimum security facilities,
    | however.
    | 
    | The remainder of the security levels - low, medium, and high
    | - are the the kinds of places you see in movies with all of
    | the attending violence, sexual assaults, and generally
    | nightmarish life.
    | 
    | In the federal system, sentences for fraud are based on
    | amount of loss. For an $11 billion fraud, he would be
    | sentenced to either life, or hundreds of years in prison -
    | and there is no parole in the federal system. That length of
    | sentence would require him to be kept at a high or medium
    | security facility until his death - natural or otherwise -
    | even though his crime was technically white collar.
    | 
    | Basically, if he is extradited to the US, he will never see
    | the light of day, and will regularly experience every horror
    | that the US prison system is rumored to have everyday for the
    | rest of his life until he dies. So deciding to extradite him
    | is a really big decision. It's not just a slap on the wrist -
    | it's torture until he dies.
 
      | dragonwriter wrote:
      | > For an $11 billion fraud, he would be sentenced to either
      | life, or hundreds of years in prison
      | 
      | Well, none of the charges has a life sentence available, so
      | that option is not possible. It does look like the
      | statutory maximum for the offenses at issue combined is 280
      | years, but I haven't bothered to pull out the sentencing
      | guidelines and see if, even, with $11 billion in frauds,
      | that's likely without factors not obvious from the charges.
      | 
      | > and will regularly experience every horror that the US
      | prison system is rumored to have everyday for the rest of
      | his life until he dies.
      | 
      | Well, no, every rumored problem isn't real, and every real
      | problem isn't experienced by every prisoner at all (much
      | less daily.)
 
  | minikites wrote:
  | People harp on China or North Korea being police states but the
  | United States incarcerates more people per capita than any
  | other nation by a significant margin. The US justice system is
  | rife with discrimination and the prison conditions are dire (as
  | you point out). People should absolutely not be extradited to
  | the USA until this changes.
 
    | mc32 wrote:
    | We do incarcerate a lot, however, keep in mind some of it has
    | to do with the dismantling of the equally problematic mental
    | health institutions beginning in the late sixties.
    | 
    | Lots of people who would better be served in psychiatric
    | units are housed in regular prisons.
 
      | throwaway4good wrote:
      | You also over-incarcerate black men by a factor of XXX -
      | hardly you can use the excuse of lack of psychiatric units
      | there.
 
        | mc32 wrote:
        | How do you explain Cuba, Grenada, or Maldives?
        | 
        | There are historical factors which contribute to higher
        | incarceration rates (poor, lack of opportunity,
        | unemployment benefits structures (unreported income does
        | not affect eligibility), etc which contribute to higher
        | probability of running afoul of criminal law.
        | 
        | Moreover, you can see a marked increase from the '80s on.
        | That strongly implies economic factors (in conjunction
        | with Clinton's tough on crime agenda).
        | 
        | What precipitates this is the hollowing out of American
        | jobs overseas. No longer could a high school graduate
        | live on the income afforded by a HS graduate. As people's
        | in the lower socio-economic rungs saw decreasing
        | purchasing power, few alternatives were available to
        | them. Steel Mills closed down, Shoe factories, Clothing,
        | the FT cleaning crew was replaced by low wage imported
        | labor, etc.
        | 
        | Some of the same reasons are seen in countries with
        | populations of poor people. Belarus, Thailand, Bahamas,
        | etc.
 
      | NationalPark wrote:
      | Those were dismantled for themselves being full of human
      | rights violations though.
 
        | munk-a wrote:
        | Yea - but dismantling them was the wrong answer. It was
        | the easy guiltless answer where everyone could pat
        | themselves on the back, but mental health treatment is a
        | service that society needs and trying to solve it with
        | prisons is just a terrible idea.
        | 
        | The right answer was admitting and addressing those
        | terrible abuses and fixing the system.
 
    | eloff wrote:
    | You need to drop North Korea from that to make any sense at
    | all. Not only do they incarcerate far more people per capita
    | than the US, but the conditions make US prison seem like
    | paradise. No exaggeration.
    | 
    | Prison in North Korea is much closer in spirit and
    | implementation to Nazi concentration camps during the second
    | World War, or the Soviet gulags. Many people die within
    | months of being sent there.
 
      | minikites wrote:
      | >Many people die within months of being sent there.
      | 
      | I take your overall point, but here in the US police just
      | execute people on the streets and then face no consequences
      | for doing so. I continue to think the comparison fits.
 
        | eloff wrote:
        | No. Trying to say they're somehow equivalent is
        | whataboutism, it's insulting to the US and demeaning to
        | survivors of North Korea. I know the US is not perfect,
        | but you can't just go saying it's like North Korea.
 
        | coldtea wrote:
        | > _Trying to say they 're somehow equivalent is
        | whataboutism_
        | 
        | Which is another name for "putting things in perspective"
        | and "addressing all bad actors, not singling out one for
        | the benefit of the other".
 
        | eloff wrote:
        | No. It's another name for tu quoque, a logical fallacy by
        | attempting to deflect criticism through pointing out
        | hypocrisy. The Soviets used it as their go-to defense for
        | their hideous system by pointing to racism, prisons,
        | lynching, etc in the US. As if that made their
        | shortcomings acceptable.
        | 
        | https://rationalwiki.org/wiki/Whataboutism
        | 
        | You can criticize some party or entity all you want, just
        | make a logical argument free of fallacies. I don't abide
        | using whataboutism to make false equivalencies. The US is
        | nothing like North Korea. To compare the two, unless done
        | extremely carefully, is insulting to people in the US,
        | and demeaning the experience of people in North Korea.
        | 
        | To think of it another way, if you compare working in
        | McDonald's to slavery, you're insulting the people that
        | work for McDonald's and demeaning the experience of
        | survivors of actual slavery.
 
        | jessaustin wrote:
        | TFA does not mention DPRK, and this is the only subthread
        | on this page that does. So, bringing this totally
        | different nation into the discussion is itself
        | fallacious.
        | 
        | ps. this is a better "whataboutism" link:
        | https://theoutline.com/post/8610/united-states-russia-
        | whatab...
 
  | zepto wrote:
  | Consider Assange in Belmarsh. For the Uk to rule that Us
  | prisons are human rights violations it would have to apply the
  | same ruling to itself.
 
  | vmception wrote:
  | A US citizen in Norway escaped extradition to US for federal
  | prison as the Norwegian top court reached the same conclusion
 
  | plandis wrote:
  | Did I miss something? The person in question is a British
  | national in the UK being asked to be extradited to the US.
  | 
  | What does Germany have to do with any of this?
 
  | creddit wrote:
  | > As far as I can tell US prisons (in generally, not necessary
  | all but I think most) are basically a heap of human right
  | violations.
  | 
  | Excited to learn about the German prisons that respect human
  | rights. The "prisoners" just come and go as they feel?
  | 
  | The whole point of prisons is to take away a human's rights.
  | That's like fundamental to the concept of incarceration.
  | 
  | Or are you concerned with US prisons violating _too many_ human
  | rights in comparison to German prisons?
 
    | dathinab wrote:
    | Prisons are NOT meant to take away your human rights, they
    | will take away some of your rights temporary but that's not
    | the same.
    | 
    | The main point of prisons is to _temporary_ take away your
    | freedom (which is often perceived as on of the most valuable
    | rights) as a form of punishment for you crime, but that 's
    | where it stops.
    | 
    | You are sentenced to 10 years of prison not 10 years of
    | torture, and potential random death.
    | 
    | If your arbitrary put people in solitary confinement, expose
    | them to unnecessary risk from other inmates or risk of health
    | due to absurd temperatures you are effectively arbitrary non
    | lawfully adding additional punishments on top of the prison
    | sentence a person has. Which is in direct conflict with what
    | a state of law is supposed to be.
    | 
    | I mean lets say you committed a minor crime with a small
    | prison sentence of but now you are forced to stay in a room
    | which massively increases your chance of dying in the next
    | few hours (heat+ heart disease), this means instead of being
    | sentenced to 2 weeks of prison you are now sentenced to 2
    | weeks of prison + torture + a high chance to it arbitrary
    | getting a death sentence.
    | 
    | Furthermore the worse the prison is the harder it gets to
    | proper rehabilitate the person afterwards, which gets worse
    | in the US due to treatments of ex-convicts. But again your
    | sentence was 2 years in prison not 2 years in prison and
    | hardly any chance to life a normal life afterwards even if
    | you try.
    | 
    | The last point is even worse because it's not just bad for
    | the convinced, it's especially bad for the rest of society
    | which now has to coop with a increased crime rate as direct
    | consequence of how prisons are handled. Which in turn will
    | cause more people to be dragged into situations where they
    | will commit crimes leading to a vicious crime increasing
    | cycle.
    | 
    | There are more then just a few studies which relatively
    | clearly show that treating prisoners as imprisoned but still
    | human and help with rehabilitation will decrease effective
    | crime rates and will in total benefit society, even if it
    | might sometimes seem unfair in specific cases.
    | 
    | EDIT: To be clear the temperature is just one easy to
    | understand example, but not the only problem and not
    | applicable to all prisons. For people not aware of it, during
    | very hot days some prisons get so hot that using ventilators
    | or water vapor makes the situations worse, e.g. the are blown
    | over by the ventilator is so hot that instead of giving your
    | body a chance to cool it heats it up further.
 
      | creddit wrote:
      | > Prisons are NOT meant to take away your human rights
      | 
      | > The main point of prisons is to temporary take away your
      | freedom
      | 
      | https://en.wikipedia.org/wiki/Doublespeak
 
| paxys wrote:
| As the article says, the deal was already investigated by the UK
| and they dropped all charges back in 2013. It is weird for the US
| DoJ to pick it up now, obviously on the behest of a large
| American corporation.
 
| dheera wrote:
| "He denies allegations that he fraudulently inflated the value of
| Autonomy before the sale."
| 
| Don't _most_ startup founders fraudulently inflate the value of
| their startups?
| 
| "We are going after a 100 billion dollar market"
| 
| Yeah right ... only a tiny fraction of that market wants your
| product.
 
  | bhelkey wrote:
  | > "We are going after a 100 billion dollar market"
  | 
  | IANAL - That doesn't sound like fraud to me.
  | 
  | A highschool athlete saying 'they are going after attending the
  | Olympics' isn't lying. A highschool athlete without Olympic
  | experience saying 'they won a gold medal at the Olympics is
  | lying.
 
| LatteLazy wrote:
| Frankly I don't think anyone should be extradited to the USA. I
| just have zero confidence in the US legal system.
| 
| Prosecutions seem politically motivated. Punishments are
| unreasonably harsh (I suspect to drive plea deals over actual
| trials). The quality of your defence depends entirely on how much
| you have to spend. And there seems to be a weird bias making
| prosecution and conviction of foreigners more likely for no
| reason beyond them being foreign. The US also seems to like
| extradition for people who's crimes didn't even happen in
| America.
| 
| This case seems very much to fit that last criteria. If the deal
| was subject to British law, why isn't any accusation of fraud?
| 
| It doesn't help that our (I'm a brit) extradition agreement with
| the US seems filled with its own issues (extradition requires no
| evidence and doesn't seem to allow the usual defences). That's
| without getting into the humanity of us prison system.
| 
| Edit: Being down voted on HN is really annoying because it won't
| let you reply if your down voted. Even to replies to your
| comment. Thanks for your comments, I'll try and reply tomorrow!
 
  | dontbenebby wrote:
  | > The quality of your defence depends entirely on how much you
  | have to spend.
  | 
  | I'm not disagreeing but he's quite affluent so no worries
  | "mate".
 
    | LatteLazy wrote:
    | Yeah, that is true. Maybe he'll get off despite being guilty?
    | :)
 
      | analognoise wrote:
      | The smiley face makes it sound like you think that's a good
      | outcome for fraud?
 
        | LatteLazy wrote:
        | No, sorry.
        | 
        | I won't comment on his guilt/innocent. I don't know
        | either way.
        | 
        | My smile is bemused/embarrassed that we've reached a
        | point where he will go and stand trial in another country
        | for an allegation of something that happened here, and
        | whether he is found innocent or guilty won't really
        | effect my opinion of him because my faith in the system
        | is that low.
 
        | analognoise wrote:
        | Oh, ok.
        | 
        | That makes more sense; thanks for the clarification.
 
  | creddit wrote:
  | > Being down voted on HN is really annoying because it won't
  | let you reply if your down voted. Even to replies to your
  | comment. Thanks for your comments, I'll try and reply tomorrow!
  | 
  | This is wildly untrue.
 
    | throwaway2048 wrote:
    | no it isn't
 
      | creddit wrote:
      | I have a comment from earlier today that is downvoted to -4
      | and I can reply to it and other comments just fine. This
      | has always been true for me.
 
    | LatteLazy wrote:
    | Is it?
    | 
    | I've been rate limited. Its taken me 60min of hitting reply
    | to you to get this comment in How come that only happens when
    | I have a down voted comment so I just assumed.
    | 
    | Error message: You're posting too fast. Please slow down.
    | Thanks.
 
      | fouric wrote:
      | The HN software increases the rate limit threshold for
      | posters that meet certain criteria that are designed to try
      | to catch those not participating in constructive discourse.
      | How effective the filters are, I cannot say, but that's the
      | intention.
 
        | LatteLazy wrote:
        | To be honest, it's miles better than reddit so I can't
        | really complain.
 
      | creddit wrote:
      | I have the occasional comment that goes negative and it's
      | never been an issue whatsoever.
      | 
      | It's possible then that HN has some other criteria that are
      | limiting you? Possibly you go negative very often or
      | something. I've also not hit a rate limit before either,
      | though I rarely comment super densely.
 
        | LatteLazy wrote:
        | Who knows? There is a page someone put together somewhere
        | that I think addresses some of the HN automated rules I
        | think but I can't find it quickly.
        | 
        | The point is, being an arsehole is my right and asking
        | about it is a hippa violation and my name is Karen and I
        | want to speak to the manager! /s
        | 
        | Edit: thinking about it, I have been quite unpopular
        | recently as I'm not super on board with big tech being
        | evil or monopolies law being the right tool to fix it...
        | 
        | Edit2: I think this is the page I mentioned above
        | 
        | https://github.com/minimaxir/hacker-news-undocumented
 
  | throwaway4good wrote:
  | "Prosecutions seem politically motivated."
  | 
  | Maybe because in the US prosecutors are elected / directly
  | appointed by politicians, whereas in Europe they are in
  | generally part of a self-selecting career bureaucracy.
 
  | quickthrowman wrote:
  | > The quality of your defence depends entirely on how much you
  | have to spend.
  | 
  | This is true, but Mike Lynch has plenty of money to spend on
  | lawyers.
 
  | beebeepka wrote:
  | How about Kim Dot-com. Dispatching special forces for a geeky
  | fat dude making entertainment execs unhappy by facilitating
  | piracy
 
  | OJFord wrote:
  | > extradition agreement with the US seems filled with its own
  | issues (extradition requires no evidence and doesn't seem to
  | allow the usual defences)
  | 
  | Is that bad or unusual? It's no different than being required
  | to appear in court in your own country 'without evidence'
  | really is it?
  | 
  | IANAL but AIUI extradition just means one country will uphold
  | the other's standard of compelling you to appear in its court.
  | 
  | (resp. also serving sentence if tried in absentia.)
 
    | LatteLazy wrote:
    | A few thoughts from the top of my head:
    | 
    | * In the uk you'll get police bail for almost all accusations
    | (police bail means meaning released from jail, agreeing not
    | to contact other people involved and not to leave the
    | country). In the US I don't think you get bail, except for
    | cash bail? And even then, you cannot go home or go to work,
    | you're stuck in the US awaiting trial. Bye bye job. Bye bye
    | marriage maybe given how long US trials, appeals, counter
    | appeals etc are.
    | 
    | * The US and UK have pretty different justice systems. If you
    | were dragged to the UK for trial, you can forget attorney
    | client privilege. Or any real challenges to the evidence
    | against you. Illegally collected evidence is still admissible
    | here and if you confess to your solicitor, he has to plead
    | guilty for you and inform the other side.
    | 
    | * Also, there are a lot of things that aren't crimes in one
    | country but are in the other. Should you think about English
    | law before you take actions in America? What if you're drunk
    | in a field with your cow? That's illegal in the uk. Fancy
    | coming over to be tried for it?
    | 
    | * the above leads to anothet issue: you can use extradition
    | to bypass the constitution. You can be prosecuted for
    | critiquing the president right, 1st amendment? Only you can,
    | German makes it illegal to criticise foreign leaders, so
    | Biden or Trump can ask them to extradite you, and have you
    | tried there. Even though you've (presumably) never been to
    | Germany. Sound good?
    | 
    | Extradition usually requires some evidence (the same as being
    | charged locally). It seems weird the police won't have enough
    | to hold me overnight, but I can be bundled onto a flight just
    | because.
    | 
    | Extradition usually requires your crime to be committed in
    | the place you're going for trial. That's partly to avoid
    | stupid laws (ever critisized the king of Thailand? That's a
    | capital crime over there) and party to make it clear who
    | prosecutes (england prosecutes crimes in England where
    | they're our problem, ditto the USA).
    | 
    | Edit: -3? Really?
    | 
    | https://en.wikipedia.org/wiki/Extradition#Bars_to_extraditio.
    | ..
 
    | jen20 wrote:
    | > Is that bad or unusual?
    | 
    | Unusual, I don't know. Bad, yes, absolutely.
 
      | OJFord wrote:
      | Why? It's not obvious to me.
 
  | abz10 wrote:
  | The Serious Fraud Office has corruption problems; so I wouldn't
  | expect much justice out of them at all.
  | 
  | Mike Lynch is the bad guy in this. Autonomy was an intentional
  | fraud that was offloaded into HP - with the help of Goldman
  | Sachs and Meg Whitman (if my memory serves correctly.) The
  | fraud was well known in the small Cambridge tech community as
  | their former workers warned others about it. It's hard to
  | overstate the effect Autonomy had on the UK tech scene. It
  | split my former peers along ethical lines.
  | 
  | As bad as US justice is; in this case it may still be better
  | than the UK.
 
    | __coaxialcabal wrote:
    | At one point Miles asked Apotheker why he hadn't read
    | Autonomy's most recent financial results around the time of
    | the deal, asking incredulously: "You didn't have 30 minutes?"
    | Apotheker responded: "I was running a $125 billion company,
    | sir, and minutes are pretty precious."[1] [1]
    | https://www.businessinsider.com/leo-apotheker-
    | abandon-11-bil...
 
    | [deleted]
 
| maverick-iceman wrote:
| What's up with these people seeking refuge in UK and Europe?
| 
| They are basically US territory if you are a criminal wanted
| enough.
| 
| English speaking people can also basically live everywhere in the
| world given how spoken the language is.
 
| NiceWayToDoIT wrote:
| > Artificially inflated
| 
| Can someone please explain why is this company any different than
| any US company? In my eyes they are all artificially inflated. I
| love Tesla for instance but please P/E ratio of 654.03 isn't that
| the same thing? (it is genuine question)
 
  | hogFeast wrote:
  | Because they were fabricating sales numbers, channel stuffing,
  | misreporting expenses...Autonomy was a fraud, the numbers
  | weren't real, the CFO is already doing time.
 
    | NiceWayToDoIT wrote:
    | But how people from HP they have not noticed fraud during due
    | diligence process?
 
      | bmsleight_ wrote:
      | HP Paid 70& premium on the share price. Bit of a hint HP
      | paid too much.
 
      | rwmj wrote:
      | HP can be both incompetent and at the same time have missed
      | the fraud that it is alleged Autonomy were trying to hide.
 
  | SirSourdough wrote:
  | Tesla's P/E is a function of stockholders inflating the stock
  | price. The allegation here (by my limited understanding) is
  | that Autonomy lied about how much revenue the business was
  | actually generating. It's not illegal to have your stock price
  | inflated because of demand for the stock, but it is illegal to
  | lie in your financial statements.
 
    | NiceWayToDoIT wrote:
    | OK but how is that possible? Before you sell a company there
    | is a long due diligence process, where all papers and
    | everything else is given to inspection, and I can imagine
    | team of 10 people lawyers accountants and experts going to
    | every, note, paper and even paperclip.
    | 
    | Also isn't rule of market capitalism, if I am the seller I
    | can put any price in the product/service I own, if you do not
    | like my price you do not have to buy?!
 
      | ekster wrote:
      | Even if the paperwork is going to be double checked, it is
      | still fraud to lie on it.
 
      | SirSourdough wrote:
      | The short answer is that HP didn't identify the fraud when
      | they did their due diligence. Just because you look at a
      | businesses financials doesn't mean you'll identify fraud
      | they are trying to hide.
      | 
      | As far as the seller determining the price, that's true but
      | the price they set is set on the basis that they aren't
      | lying about what they are selling you.
      | 
      | If someone sells you a pure gold box that turns out to just
      | be aluminum wrapped in gold foil, that's fraud even if you
      | agreed to pay for the pure gold box. The seller did not
      | provide the thing you agreed to pay for. It's the same in
      | this case, the seller allegedly lied about what they were
      | selling to get HP to agree to an inflated price.
 
        | NiceWayToDoIT wrote:
        | That scenario looks fishy to me, even when you buying
        | second hand car you do bit of exploration and for buying
        | something with price tag of PS11,000,000,000 well you dig
        | a bit deeper, and due diligence is not just going to your
        | financial statements and what is usually accessibly in UK
        | publicly. During that process you dig trough everything,
        | bank statements, expenses, salaries, earnings, revenue
        | streams ... everything.
        | 
        | Personally, I think it is impossible HP has not seen
        | something like that, or they have sent complete idiots to
        | do due diligence.
 
        | analognoise wrote:
        | Even if they sent idiots to do the DD, if they find out
        | later that there was fraud... it's still fraud. You can't
        | just yell "No taksey backsies!".
        | 
        | Given the list of sophisticated financial fraud
        | mechanisms charged, even if it WAS mismanaged, it was
        | still fraud.
 
        | _se wrote:
        | I don't think you understand the complexity of this type
        | of finance or the sophistication that's possible while
        | committing fraud. These things are not necessarily simple
        | to detect.
 
        | NiceWayToDoIT wrote:
        | Maybe I don't as it must be some very sophisticated fraud
        | when checking all in the following list they missed
        | something like that.
        | 
        | " Corporate attorneys generally review all the company's
        | financial information from the last five years, including
        | income statements, balance sheets, cash flow and audit
        | reports. Other financial documents that may be reviewed
        | include projections, budgets and forecasts for the
        | financials of the next five years and assess whether they
        | are reasonable. Finally, corporate attorneys generally
        | review all credit agreements, debts and contingent
        | liabilities. "
        | 
        | https://www.priorilegal.com/deals/mergers-
        | acquisitions/manda...
 
        | _se wrote:
        | Yes, and the entire point of this type of fraud is to
        | deceive this exact process. The fraudster knows what due
        | diligence is going to be performed.
 
  | himinlomax wrote:
  | > I love Tesla for instance but please P/E ratio of 654.03
  | isn't that the same thing? (it is genuine question)
  | 
  | You can't fault Tesla for idiots buying the overpriced stock,
  | as long as they don't misrepresent their results.
 
  | downWidOutaFite wrote:
  | This case is about inflated accounting numbers, not the stock
  | market's speculation.
 
| bartread wrote:
| > But Dr Lynch has argued that HP used the allegations to cover
| up its own mismanagement of Autonomy after the 2011 deal.
| 
| I have no comment to make on Mike Lynch's guilt or innocence in
| this matter, because I simply don't know enough about him or
| about Autonomy (despite working in an office just across the road
| for 3 years leading up to the sale)[0], but tough to argue that
| HP wasn't mismanaged during this period, and therefore tough to
| assert that this mismanagement wouldn't have extended to
| Autonomy. Could this have made HP easier to dupe, or did they not
| get duped and just do a bad job? It's going to be weird if the
| outcomes of the civil and criminal cases end up disagreeing on
| this point.
| 
| And I think whatever the outcome, it reflects badly on HP: if
| he's not guilty then it adds weight to his assertion about
| mismanagement, and if he is guilty then it means they _were_
| duped during DD (and may in addition have mismanaged Autonomy).
| Neither of these is a good look.
| 
|  _[0] I do know a handful of people who have worked with and for
| Mike Lynch: some of them really rated him, some really don 't.
| It's about what you'd expect for a prominent business executive.
| As I say, I have no basis on which to form any kind of opinion of
| him._
 
  | JumpCrisscross wrote:
  | > _tough to argue that HP wasn 't mismanaged during this
  | period, and therefore tough to assert that this mismanagement
  | wouldn't have extended to Autonomy_
  | 
  | How is this relevant? If you get sold a computer, are delivered
  | a turtle, and then kill it because you forgot to feed it, it
  | can simultaneously be true that you were (a) incompetent and
  | (b) defrauded.
 
    | lumost wrote:
    | In the context of DD, it's possible that these items were
    | disclosed to HP and HP simply didn't care/think through what
    | was going on.
    | 
    | If the actions weren't criminal, but instead the result of a
    | CEO/company not using accounting best practices/pushing too
    | aggressively then HP may not have a civil or criminal case.
    | 
    | The time that Microsoft failed to acquire Skype's IP comes to
    | mind.
 
      | DaiPlusPlus wrote:
      | > The time that Microsoft failed to acquire Skype's IP
      | comes to mind.
      | 
      | Huh, TIL! I had no idea about that: https://www.iam-
      | media.com/article/648B260AFA518A71125F0E77C3...
      | 
      | That said, I don't believe that was why Skype lost
      | relevance after Microsoft bought them: Microsoft was
      | seemingly intent on compromising the Skype UX to promote
      | the then-named Windows Live service - and they didn't
      | combat the problems with spam on the service - and the ill-
      | advised and ultimately reversed decision to force-convert
      | Skype accounts into Windows Live accounts in a hamfisted
      | way that left me personally with 3 duplicated accounts and
      | no easy way of managing them - especially after they
      | decreed that Skype will only support 1 account per Windows
      | account in their flagship Windows 8-exclusive client and
      | remove secondary instances from the legacy client, and the
      | list goes on...
      | 
      | ...I'd summarise it as them alienating their own fanbase
      | and the tech-thought-leader community, which led to them
      | (us?) seeking different platforms like WhatsApp, Telegram,
      | Facebook Messenger and Skype quickly becoming irrelevant.
      | 
      | When they relaunched Skype's new desktop client as an
      | Electron app I knew they had stopped caring about it -
      | because they immediately lost all of the advantages of
      | having platform-specific clients, which is especially
      | useful for video-conferencing due to the limitations
      | imposed by Chromium (which are far better now than they
      | were, but still...)
 
        | Closi wrote:
        | Unpopular opinion: The Skype brand was critical to
        | getting decent uptake in Lync (rebranded as Skype For
        | Business) and these users were migrated across to
        | Microsoft Teams which has been overwhelmingly popular (at
        | least in the UK it's the de-facto conference app).
        | 
        | It's not totally clear to me that Microsoft would
        | actually be doing well in the space without the Skype
        | aquisition, but considering they bought Skype for 8.5bn
        | and Zoom now has a market cap of 100bn my assumption is
        | that Teams is valuable and maybe the price was worth
        | paying.
 
    | bartread wrote:
    | It's relevant to HP and their shareholders, and it's relevant
    | because there is an ongoing civil case in the UK, which makes
    | this situation on criminal charges in the US more interesting
    | and unusual, and finally it's foundational to Mike Lynch's
    | argument with HP[0].
    | 
    | It's entirely possible that we might see different outcomes
    | in these cases. Maybe a difference in outcome between civil
    | and criminal cases is a more common occurrence than I'm aware
    | of (certainly O. J. Simpson springs to mind), but it seems
    | unusual to me, and especially across international
    | boundaries.
    | 
    |  _[0] Again, I haven 't followed these goings on that
    | carefully, but my impression is he's hewn pretty closely to
    | this line of argument throughout._
 
    | arthurcolle wrote:
    | This is a hilarious example. I hope I get delivered a turtle
    | by accident some day.
 
    | zerocrates wrote:
    | I also have no real knowledge about the situation, but it's
    | also plausible for the two to be related: that is, you were
    | easy to defraud _because_ of your incompetence. Which of
    | course doesn 't make the perpetrator any less culpable.
 
    | DubiousPusher wrote:
    | Because nothing is that black and white. As regards the civil
    | case you must be able to show harm. If I sell you a house
    | with a foundation that is only built to last 10 years and
    | then you burn the house down, you can't sure me for damages
    | so long as the crummy foundation had nothing to do with the
    | house burning down. To win damages you must be able to show
    | harm. So the entire civil case hinges on the root of the poor
    | performance of the company after purchase.
    | 
    | On the criminal side it's all going to hinge on whether the
    | accounting practices rise to the level of fraud. That's
    | trickier to nail down than you may think because a certain
    | amount of liberty is often taken in trying to project growth,
    | future earnings, etc. HP is likely going to present the
    | subsidiary's poor performance as evidence that the accounting
    | did rise above the level of normal wiggle room. The defense
    | will surely attack that argument.
    | 
    | But as long as HP had access to enough of the company's
    | finincial documents to identify the accounting practices in
    | question it will be hard to prove out and out fraud.
    | 
    | Edit: ENRON is a good example because as clear cut as people
    | believe that fraud was, it wasn't so obvious at the time.
    | Writing down future contracts as earnings wasn't unheard of.
    | They just followed that logic to an unsustainable conclusion.
    | Which in the end clearly was fraud but it took hundreds of
    | small steps and it's hard to say exactly when it did become
    | fraud.
 
    | laumars wrote:
    | It's relevant because that's his defence. As cited in the
    | article we are discussing.
 
| orf wrote:
| Extradite the killer of Harry Dunn, Anne Sacoolas first.
 
  | tailspin2019 wrote:
  | I don't usually like being too political, but as a brit I came
  | here to say the same.
  | 
  | https://www.bbc.co.uk/news/world-us-canada-56246511
 
    | BoxOfRain wrote:
    | While I think it's unlikely she'll face the justice she
    | deserves, at least her intelligence career is likely in
    | ruins. It's hard to be an effective spy when most of an
    | entire country a) is at least passively aware you exist and
    | b) thinks you're a complete piece of shit to the point the
    | newspapers would know if you so much as fart. She still
    | should be extradited and she still should be in prison, but
    | in the whole heap of bullshit that's UK-US extradition
    | agreements we should take what comforts we can.
    | 
    | I'm usually quite the Atlanticist but in matters of
    | extradition I think we should simply tear up those
    | agreements. What's the justice in the US being able to
    | extradite autistic teenagers who've never set foot on
    | American soil at the behest of MPAA and RIAA human scum, yet
    | we can't extradite a literal killer?
 
    | wavefunction wrote:
    | Why not extradite both!
 
      | tailspin2019 wrote:
      | That's what I was getting at.
 
    | C19is20 wrote:
    | Where's the politics?
 
      | tailspin2019 wrote:
      | > Where's the politics?
      | 
      | In the seemingly lopsided extradition treaty between the US
      | and the UK.
      | 
      | (Which I was hesitant to comment on directly simply because
      | we risk veering away from the core focus of HN - which is
      | arguably the technology angle of this story rather than
      | UK/US extradition policies)
 
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