trial | Business Upturn

The Trial of Mike Lynch: A Landmark Case in Silicon Valley’s History

Tushar Aggarwal — Sun, 17 Mar 2024 17:44:15 +0000

Tech entrepreneur Mike Lynch is currently on trial in San Francisco, a pivotal moment in a legal saga that began 13 years ago. Lynch, once hailed as one of the UK’s most successful tech entrepreneurs, is facing allegations from US prosecutors of being involved in what they describe as “the largest fraud in the history” of Silicon Valley.

The accusations against Lynch stem from his time as the head of Autonomy, a software company he founded and later sold to Hewlett Packard (HP) for $11.7 billion (€10.7bn) in 2011. Prosecutors claim that Lynch falsified Autonomy’s accounts in the two years leading up to the acquisition.

Lynch’s trial, which began on Monday, involves 16 counts of wire and securities fraud, each carrying a maximum sentence of 20 years. He is being tried alongside Stephen Chamberlain, Autonomy’s former vice-president of finance.

The legal journey leading to this trial has been lengthy and complex. Lynch was extradited from the UK last year following a five-year legal battle. Pretrial hearings have seen some of the evidence that Lynch’s legal team had planned to present being barred by the judge, presenting a significant challenge for his defense.

The acquisition of Autonomy by HP was initially seen as a strategic move to bolster HP’s software division. However, just a year after the acquisition, HP’s then-chief executive, Meg Whitman, accused Autonomy’s former management of accounting irregularities, resulting in a $5 billion write-off.

Lynch has vehemently denied these allegations, asserting that he is being made a scapegoat for Whitman’s alleged mismanagement of Autonomy. This has placed Whitman, along with Frank Quattrone, a prominent investment banker, under scrutiny.

Umar Khalid withdraws bail plea in UAPA case, opts for trial court proceedings

Rai Sinha — Wed, 14 Feb 2024 15:54:00 +0000

Former Jawaharlal Nehru University (JNU) scholar and activist Umar Khalid on Wednesday has chosen to withdraw his bail application from the Supreme Court in a case involving charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA). The case pertains to Khalid’s alleged role in the conspiracy behind the northeast Delhi riots in February 2020. Khalid’s decision to withdraw the plea came on Wednesday, citing a “change in circumstances,” and signaling his intention to pursue legal arguments challenging UAPA provisions before the trial court.

Khalid’s bail application had been under consideration in the Supreme Court since April 6, 2023. The proceedings had faced 13 adjournments due to various reasons, creating anticipation regarding the outcome of the legal battle. As the matter was taken up on Wednesday, senior advocate Kapil Sibal, representing Khalid, informed the bench of Justices Bela M Trivedi and Pankaj Mithal about the withdrawal, emphasizing the desire to explore legal questions within the trial court setting.

Sibal stated that he wants to discuss the legal aspects of challenging UAPA provisions but prefers to withdraw the bail plea due to unspecified changes in circumstances. The bench accepted this request, allowing the bail application to be withdrawn.

Khalid had previously appealed against the Delhi High Court’s October 18, 2022, order rejecting his bail application. The high court, in its decision, pointed out Khalid’s continuous communication with other co-accused and deemed the allegations against him prima facie true. The court further categorized the actions of the accused as a “terrorist act” under the UAPA.

The case involves Khalid, activist Sharjeel Imam, and several others facing charges under the anti-terror law and various sections of the Indian Penal Code for allegedly being the “masterminds” behind the February 2020 riots. These riots resulted in 53 casualties and over 700 injuries, erupting amid protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

Khalid, who was arrested by the Delhi Police in September 2020, sought bail on the grounds that he played no criminal role in the violence and had no “conspiratorial connect” with other accused. The Delhi Police countered Khalid’s plea, asserting that his speeches were “very calculated” and touched upon contentious issues such as Babri Masjid, triple talaq, Kashmir, alleged Muslim suppression, the CAA, and NRC.

The withdrawal of the bail plea by Umar Khalid hence sets the stage for a legal battle in the trial court, where the activist aims to challenge the constitutional validity of UAPA provisions, presenting a crucial juncture in a case that has garnered significant attention for its implications on free speech and dissent.

France’s Sarkozy to face trial for Libyan Campaign Financing Case

Dixita Hazarika — Sat, 26 Aug 2023 06:00:02 +0000

On Friday, France’s financial prosecutor said that Nicolas Sarkozy, the former French president will be facing trial on charges of corruption and illegally receiving campaign funding from abroad.

These charges relate to his contested 2007 bid for President in France, allegedly financed by Libya.

French financial prosecutor Jean-Francois Bohnert said that Mr Sarkozy, who served as president until 2012, would have to be answerable to accusations of unlawful campaign funding, “passive corruption” and use of embezzled funds.

In the case, twelve other suspects were also ordered to face trial.

While the investigative judges in charge of the probe issued the order on Thursday, Mr Bohnert stated that the trial is expected to take place only in January 2025.

Next year, the first hearing for the case will be held on March 7.

The accusations have been denied by Mr Sarkozy.

He failed in an attempt to overturn a criminal conviction In May

A three year prison sentence for corruption and favour peddling against President Sarkozy, two of them suspended, was upheld by France’s Appeal Court..

The combination of a suspended sentence and a year of wearing electronic bracelet means that Mr Sarkozy will remain out of prison.

Myanmar court defers verdict in Aung San Suu Kyi trial

Shifali Gorka — Mon, 20 Dec 2021 06:23:20 +0000

Aung San Suu Kyi, 76, who was detained in a military coup in February, is facing 11 charges and maximum imprisonment of more than 100 years. However, Suu Kyi denies all charges.
The junta has barred all five of her lawyers from speaking to the news media, saying that their communications could “destabilize the country.”

The court had been due to rule on charges of possession of unlicensed walkie-talkies and a set of signal jammers, that were found from her. From a source who is connected with the matter said, the judge did not give any reason for the deferral.

Apart from this, Suu Kyi was sentenced on December 6 to four years in jail for incitement and breaching coronavirus rules by the court. However, her sentence was later reduced to a two-year term of detention in her undisclosed location.

Suu Kyi’s supporters say that all the cases filed against her are baseless and are just filed to end her political career and to lay her up in legal proceedings.

For many of her supporters, Ms. Aung San Suu Kyi was seen as the only politician who could lead Myanmar toward full democracy. The country had been ruled by the military for half a century since 1962. After Ms. Aung San Suu Kyi was elected in 2015, she was forced to share power with the army, which appointed 25 per cent of Parliament. Suu Kyi has not been seen in public since her detention on February 1.