FACTBOX-What did the judge find in Hewlett-Packard versus Lynch?

FACTBOX-What did the judge find in Hewlett-Packard versus Lynch?

Hewlett-Packard won the majority of its civil case against British tech tycoon Mike Lynch over its acquisition of Autonomy in 2011, a London judge said on Friday, though damages will be considerably less than the $5 billion claimed. What are the findings of High Court Justice Robert Hildyard?

TOPLINE: "I have reached clear conclusions in these proceedings on the civil liability of Dr Lynch and Mr Hussain for fraud under FSMA [Financial Services and Markets Act 2000], common law, and the Misrepresentation Act 1967, applying, of course, the civil standard of proof of the balance of probabilities."

HARDWARE SELLING "The hardware reselling programme was conceived, expanded and implemented in order to enable Autonomy to cover shortfalls in software revenue by selling hardware and including the revenue without differentiation in revenue shown in the accounts as generated by Autonomy’s software business."

"The purpose of the hardware reselling strategy/programme was dishonest, and the way it was accounted for depended on its dishonest presentation." "The Defendants were well aware of this."

USE OF RESELLERS "The impugned VAR (reseller) transactions had no commercial substance. They were a means by which Autonomy could maintain the appearance of meeting revenue targets at the end of a quarter."

"The purpose of the strategy was to ensure that Autonomy continued to appear to be a company which met its forecasts out of the sales of IDOL and related software and thereby maintained its share price."

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