MAGGIE PAGANO: Dangers of a US Lynch mob

Dangers of a US Lynch mob: Government should review extradition treaty with US and curb country’s outreach, says MAGGIE PAGANO

  • Mike Lynch will stand trial on criminal fraud charges
  • Lynch is considered a ‘serious flight risk’, according to US court documents
  • It’s a chilling scene, not just for him, but for British business

Entrepreneur: Mike Lynch

Mike Lynch, one of Britain’s most successful tech entrepreneurs, will be detained at a San Francisco address – guarded by private security – once he posts $100 million bail after being extradited to the US on Thursday, where he will stand trial on criminal fraud charges.

The astonishing amount of bail has been set because, according to US court documents, Lynch is considered such a “serious risk of flight” after so many years of fighting extradition. Not only was the founder of software group Autonomy accompanied on his flight to California by the US Marshals Service, he also has to pay the private security guards himself.

It’s a chilling scene, not just for him, but for British business.

Executives fear the recent Supreme Court ruling denying Lynch permission to appeal his extradition sets an unhealthy precedent. They fear that any fallout from future transatlantic business deals could land them in US courts many years down the line.

On a more fundamental level, business leaders and an increasing number of politicians have serious doubts about the process itself. Former Conservative minister David Davis has spoken out about whether Lynch can expect a fair trial in the US.

Davis has warned that the lengthy “savage harassment” legal process relies on complex plea deals, a process that usually results in a 97 percent conviction rate.

They are right. The Lynch hijacking sets a dangerous precedent where any British businessman or woman who takes on a powerful American company could be bullied through the British courts and ensnared as a victim.

But Lynch is a British citizen and Autonomy, which is at the heart of the criminal charges, was a British company at the time of Hewlett-Packard’s $11 billion takeover in 2011. The deal was subject to UK takeover rules. Ipso facto the case should be tried here.

Whether or not Lynch is guilty of the charges leveled against him after HP claimed he tricked them into overpaying for Autonomy by inflating the numbers, he should still receive a fair trial. It’s doubtful he’ll get one. On the contrary.

US authorities seem to be licking their lips at the prospect of more high drama and big bucks. More worryingly, the extradition agreement between the two countries seems increasingly one-way.

The death of 19-year-old Harry Dunn, who was killed by Anne Sacoolas, the wife of a CIA agent, while driving on the wrong side of the road in the UK, shows the magnitude of the imbalance. The UK has not extradited Sacoolas. She pleaded guilty to the court via video link and received an eight-month suspended sentence of 12 months. Hardly justice.

The difference in treatment between these two cases is shocking: a suspended sentence for death versus potentially decades for alleged fraud.

Lynch, who denies HP’s allegations, could face up to 20 years in prison if found guilty. The government must revise its treaty with the US and curb the country’s supremacy. Sovereignty is important.

Another message gone

The top seat at Royal Mail turns out to be more of an ejection seat. Simon Thompson is the fourth boss in five years to step down. But did he go or was he pushed? Some say Thompson just had enough. Others suggest he was forced to leave after years of acrimonious battle with the unions that got him into such hot water with MPs – and his boss.

The good news is that Royal Mail and the Communication Workers Union have finally agreed on a decent deal.

If Royal Mail does well, it has a bright future, so it’s important that all parties can work well together. Smart mail and delivery services have become the lifeblood of the country. Interestingly, despite the test-and-trace experience, healthcare is one area it wants to expand. Watch this space.

Twitter is coming

Oh how Elon Musk loves to tease. He tweets that he’s found a new Twitter boss β€” a she β€” and all hell breaks loose.

The name of every top female executive in the US is being sent spinning into the airwaves. The search doesn’t take long. Linda Yaccarino, advertising supremo at media giant NBC Universal, quickly tops the list. NBC confirms she is leaving. Then Musk tweets that Yaccarino is the new girl on board. With any luck, Yaccarino has a sense of humor and won’t curb his enthusiasm to hang us all by a thread. It’s too much fun.