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US convicts Autonomy chief financial officer of fraud

by on01 May 2018


Inflated company value

A US court has decided that the former chief financial officer of British software company Autonomy committed wire fraud and other crimes by inflating the outfit's value before its sale to HP.

He faces a maximum sentence of 20 years in prison and a fine of $250,000, plus restitution, for each charge. Sentencing will take place on Friday.

Federal prosecutors brought criminal conspiracy and wire fraud charges against Sushovan Hussain in 2016, alleging that beginning in 2009, he and others sought to deceive Autonomy’s investors and HP about the company’s financial condition and prospects for growth. Hussain was found guilty on all 16 charges, in what prosecutors claimed amounted to an "unsustainable Ponzi scheme" during the 10 years he managed the firm's finances.

The court heard that the scheme had several objectives, an indictment said, including to artificially increase and maintain Autonomy’s share price to make the company attractive to potential buyers like HP, which agreed to buy it in 2011 for $11 billion.

Hussain pleaded not guilty, and the trial in San Francisco federal court lasted several weeks.

Hussain’s attorney John Keker said defence evidence was excluded from the trial that would have shown HP was not misled at all and that they will appeal the verdict.

“Hussain defrauded no one and acted at all times with the highest standards of honesty, integrity and competence. It is a shame that the United States Department of Justice lent its support to HP’s campaign to blame others for its catastrophic failings.”

The Autonomy deal was supposed to form the central part of HP’s move into software but the company had to write off three quarters of Autonomy’s value.

Hewlett Packard Enterprise stated on Monday saying it was pleased with the verdict. Hussain misled the market, the company said.

“That Hussain attempted to depict the fraud as nothing more than a misunderstanding of international accounting rules was, and still remains, patently ridiculous”, the company said.

HPE last year completed the spin-off of much of its software business, closing the door on the Autonomy deal. HPE was formed when the company once known as Hewlett-Packard split into HPE and HP Inc in November 2015.

Autonomy's founder and chief executive, Mike Lynch, a former Cambridge researcher, vehemently rejected HP's claims that management misled HP over the company's value. He said HP had concocted the accusations to distract from their mismanagement and poor performance.

Lynch and Hussain, both British citizens, are also facing a civil case in London, as HP sues them for damages.

 

Last modified on 01 May 2018
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