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Mike Lynch was celebrating acquittal before violent storm hit

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Mike Lynch, the British tech tycoon missing after his luxury yacht sank off the coast of Sicily, had only recently fended off a U.S. criminal fraud case over the sale of his software company to Hewlett Packard Co.

Lynch, 59, and his wife were aboard the yacht, named Bayesian after a British mathematician, with a small group of his financial and legal advisers when the violent storm hit. They were celebrating Lynch’s tumultuous acquittal just over two months earlier, when a San Francisco jury found him not guilty of charges that he duped HP into overpaying for his software firm, Autonomy Corp. 

Hailed at times as “Britain’s Bill Gates,” Lynch has been seeking to restore his reputation as one of Europe’s most successful entrepreneurs. For years, he’d argued that he had been scapegoated over the acquisition. HP paid $11 billion for Autonomy in 2011, only to write down $8.8 billion of the purchase price a year later.

Mike Lynch
Mike Lynch

Simon Dawson/Bloomberg

But even after his acquittal on criminal charges, Lynch was still fighting the Silicon Valley giant in a civil case in London, where a British judge held him responsible for creating the illusion of a company much larger and more successful than it really was. 

Autonomy’s success — its software could extract useful information from unstructured sources including phone calls, emails and video — made Lynch one of the best-known British technology executives. He was named Entrepreneur of the Year by the Confederation of British Industry in 1999. In 2000, Time magazine named him one of the 25 most influential technology leaders in Europe. 

Advised prime ministers

He was awarded an Order of the British Empire for services to enterprise in 2006. The same year, he was appointed as non-executive director to the board of the British Broadcasting Corp., the world’s biggest public broadcaster. He advised two British prime ministers, David Cameron and Theresa May. 

Lynch made at least $500 million from the HP deal. He then set up venture capital firm Invoke Capital, founding a series of tech companies run by former employees. The most successful was Darktrace Plc, a cybersecurity business that uses AI to detect suspicious activity in a company’s IT network. Forbes magazine estimated his net worth to be $1 billion in 2015, the sole year he was named to its list of global billionaires. 

HP, along with U.S. prosecutors, alleged that Lynch and Autonomy’s former finance chief used accounting tricks to inflate the company’s revenue ahead of the 2011 sale.

The San Francisco trial placed huge pressures on the tech founder, who was forced to wear an ankle monitor and confined to 24-hour supervision by private security guards he had to pay for. On the stand, Lynch claimed ignorance of some of the wrongdoing attributed to him, saying he delegated key decisions to underlings.

Autonomy “wasn’t perfect,” Lynch testified at the trial. “The reality of life is that it’s nuanced and it’s messy and sometimes you do your best to get through it. And companies are just like that.” When the verdict came, following two days of deliberations, Lynch hugged his lawyer and wiped his eyes.

HP’s acquisition of the company was initially seen as a validation of UK technology and the Cambridge “Silicon Fen” tech cluster where Autonomy was based. But in 2012, HP publicly accused Autonomy and its executives of accounting failures. The lawsuit followed. Lynch chose to fight the civil trial with HP in London before facing a US jury in the hope that a ruling on home soil would help his case. 

In 20 days of testimony in the UK civil case, he served up a litany of anecdotes aiming to illustrate that HP was riven with executive turmoil and infighting as the company replaced its chief executive officer and pivoted on strategy shortly after the disastrous Autonomy deal.

He largely succeeded. Documents showed HP executives turning on each other — with HP CEO Meg Whitman, the onetime candidate for governor of California and current US ambassador to Kenya, saying she’d be prepared to throw her predecessor Leo Apotheker “under the bus in a tit for tat.” Taking over just as HP closed the Autonomy deal, Whitman sought to focus the firm back on its core PC unit to better manage the sprawling business.

But after one of the longest and most expensive trials in British history, Judge Robert Hildyard ruled in 2022 that Lynch and Autonomy had fraudulently boosted the value of the company. “One of the tragedies of the case is clear: an innovative and ground-breaking product, its architect and the company will probably always be associated with fraud,” the judge said in the ruling.

Damages pending

The judge was still to decide the damages Lynch would have to pay. HP was seeking $4 billion from him and his finance chief, but the judge had cautioned that it was likely to get substantially less than that.

Those looming penalties from the civil suit did not dent Lynch’s ambitions once he was released from house arrest in the U.S.

“I am looking forward to returning to the U.K. and getting back to what I love most: my family and innovating in my field,” Lynch said in a statement after the California jury cleared him of criminal wrongdoing.

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Accounting

Texas court halts Corporate Transparency Act in another lawsuit

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A federal court in Texas has issued another preliminary injunction and stay halting enforcement of the Corporate Transparency Act and its beneficial ownership information reporting requirement, which were already on hold following a recent reversal by a federal appeals court.

The U.S. District Court for the Eastern District of Texas, Tyler Division, issued the preliminary injunction and nationwide stay yesterday. The same district court’s Sherman Division, had issued an earlier injunction last month in the case of Texas Top Cop Shop v. Garland. A panel of judges on a federal appeals court temporarily lifted the injunction late last month, but another panel of judges on the same court reinstated it only days later. The Justice Department filed an emergency request last week with the U.S. Supreme Court to lift the injunction.

The decision on Tuesday involved a case with a pair of plaintiffs, Samantha Smith and Robert Means, suing the U.S. Treasury Department. They had formed LLCs under Texas law to hold real property in the state. In an opinion, Judge Jeremy Kernodle held the law likely exceeds federal authority, finding that the government’s theory of government power was “unlimited” and its actions were probably unconstitutional.

“The Corporate Transparency Act is unprecedented in its breadth and expands federal power beyond constitutional limits,” he wrote. “It mandates the disclosure of personal information from millions of private entities while intruding on an area of traditional state concern.”

He noted that the LLCs do not buy, sell or trade goods or services in interstate commerce or own any interstate or foreign assets. 

The CTA passed as part of the National Defense Authorization Act in 2021 and requires businesses to disclose their true owners as a way to deter shell companies from carrying out illicit activities such as money laundering, terrorist financing, human trafficking and tax fraud. Businesses are required to file beneficiai ownership information reports with the Treasury Department’s Financial Crimes Enforcement Network. FinCEN has since announced that companies are not currently required to file BOI reports with FinCEN and are not subject to liability if they fail to do so while the court order remains in force. However, they can continue to voluntarily submit BOI reports. New businesses began filing the reports when the CTA took effect on Jan. 1, 2024, but existing businesses weren’t supposed to be subject to the requirement until Jan. 1, 2025. However, that requirement is currently on hold. An earlier decision in a separate lawsuit had exempted members of the National Small Business Association from the requirement.

The Texas Public Policy Foundation is representing the two property owners challenging the CTA, arguing that the law violates federal Commerce Clause powers under the Constitution and undermines the principles of limited government and individual liberty. 

“The court’s decision affirms the principle that federal government power is not unlimited,” said TPPF general counsel Robert Henneke in a statement Wednesday. “This ruling is a powerful reminder that our Constitution limits federal power to protect individual rights and economic freedom.”

“The government’s theory of power in this case was effectively unlimited,” said Chance Weldon, director of the Center for the American Future at TPPF, in a statement. “The district court’s opinion is not only a win for our clients, but ordinary Americans everywhere.”

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Accounting

FAF seeks nominations for leadership, advisory roles

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The Financial Accounting Foundation today formally opened the search for several leadership roles.

The FAF Board of Trustees’ Appointments Committee is seeking nominations for these positions, which include chair and members of the Board of Trustees, the FAF’s executive director, Financial Accounting Standards Board member, and chair of the Financial Accounting Standards Advisory Council.

FAF executive director

Current FAF executive director John Auchincloss announced in December 2024 that he will retire from his post on Sept. 30, 2025. 

The executive director leads a team of 45 who provide support services to the FASB and the Governmental Accounting Standards Board, including communications and public affairs, legal, IT, human resources, publishing, financial management and administration. The role supports the FAF Trustees, who ultimately oversee the FASB and GASB Boards and their advisory councils. The executive director, in collaboration with the FAF chair, also sets the organization’s U.S. and international outreach strategies.

A full description of the FAF executive director role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at a confidential, dedicated email address [email protected] by Feb. 24, 2025.

FAF Board of Trustees chair

The chair of the FAF Trustees is involved in all major Trustee decisions related to strategy, appointments, oversight and governance, and in representing the organization with high-level stakeholders and regulators.

The new chair will be appointed for a three-year term beginning Jan. 1, 2026, through Dec. 31, 2028, and can stand for reappointment to a second three-year term beginning in 2029.

A full description of the FAF Board chair role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at [email protected] by Feb. 24, 2025.

FAF Board of Trustees at-large member

The FAF Board of Trustees oversees and supports the FASB and the GASB, and exercises general oversight of the organization except regarding technical decisions related to standard setting.

The FAF is recruiting several “at-large” trustees — individuals with business, investment, capital markets, accounting, and business academia, financial, government, regulatory, investor advocate, or other experience.

A full description of the FAF trustee role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at [email protected] by Feb. 24, 2025.

FASB member

FASB members develop financial reporting standards that result in useful information for investors and other financial-statement users. The FASB member roles are full time and based in Norwalk, Connecticut. 

“These are senior and prestigious appointments, demanding not only a high degree of technical accounting expertise but also a high level of understanding of the global financial reporting environment,” the FAF announcement reads.

The official start date for the position would be July 1, 2026, but the newly appointment member would be expected to start some time earlier than year to ensure a successful transition. The five-year term extends through June 30, 2031, at which time the member would be eligible to be considered for reappointment. 

A full description of the FASB member role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at [email protected] by Feb. 24, 2025.

FASAC chair

The chair is the principal officer of the FASAC and advises the FASB on projects on the FASB’s agenda, possible new agenda items and priorities, procedural matters that may require the attention of the FASB, and other matters. The chair is responsible for guiding discussion at FASAC meetings and for implementing and directing the broad operating processes of the FASAC. 

The chair may be appointed for up to a four-year term, or a shorter period of time as agreed upon, and may be eligible for reappointment. 

A full description of the FASAC chair role can be found here. Nominations should be submitted to FAF human resources at a confidential and dedicated email address [email protected] by Feb. 24, 2025.

Headquarters of the Financial Accounting Foundation, Financial Accounting Standards Board and Governmental Accounting Standards Board

Courtesy of the FAF, FASB and GASB

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Accounting

Grant Thornton CEO steps down

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Top 10 Firm Grant Thornton announced that its CEO, Seth Siegel, is stepping down from his position after 30 years with the firm, though will still remain involved as a senior advisor.

“I have called Grant Thornton home for almost three decades and am proud to have been part of this amazing team and organization, which has solidified its standing as the destination of choice for clients and talent alike,” said Siegel in the firm’s official statement. He felt that, with Grant Thornton positioned for what he said was strong continued growth, it was the right time to step down. In a LinkedIn post, Siegel said the move will allow him to pursue other ambitions, focus on his health and spend more time with his family.

The new CEO will be Jim Peko, current chief operating officer of Grant Thornton Advisors LLC.

“I thank Seth for all he has done to help transform Grant Thornton so adeptly for the future. He has been a colleague, mentor and friend to so many of us, and a tireless advocate for the firm’s best interests. As CEO, my priorities will focus on accelerating our current business strategy and solidifying our standing in the marketplace as a unique global platform, driven by quality, culture and differentiated capabilities. We will continue to be the employer of choice for the industry and always capitalize on compelling opportunities before us as we drive meaningful growth,” said Peko.

Siegel expressed his confidence in Peko, saying he has worked closely with him for many years.

“Jim and I have worked closely together for many years, and he is the right leader for this new chapter — one who knows Grant Thornton well and has been integral to our many recent accomplishments and our quality-focused delivery,” he said.

Siegel became a partner in 2006, became managing partner of South Florida in 2020, and became CEO in 2022.

The announcement comes shortly after the completion of the merger between Grant Thornton Advisors LLC in the U.S. and Grant Thornton Ireland. At the time it was said that Grant Thornton Advisors CEO Seth Siegel would continue in his leadership role at the combined firm, while former Grant Thornton Ireland CEO Steve Tennant would become a member of Grant Thornton Advisors’ executive committee.

Grant Thornton laid off about 150 employees in the U.S. last November across the advisory, tax and audit businesses after the deal was announced. Its U.K. firm also received private equity investment last November from Cinven, which acquired a majority share of Grant Thornton U.K.

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