Mike Lynch, 59, is the founder of enterprise software firm Autonomy. He was acquitted of fraud charges in June after defending himself in a trial over allegations that he artificially inflated Autonomy’s value in an $11.7 billion sale to tech giant Hewlett Packard.
Chris Ratcliffe | Bloomberg | Getty Images
LONDON — British technology entrepreneur Mike Lynch was acquitted of fraud charges in June in a landmark trial over allegations made by Hewlett Packard that he had artificially inflated the value of his company when he sold it to the U.S. enterprise tech giant for $11.7 billion in 2011.
Just two months after his acquittal, Lynch — who was once lauded by the U.K. national press as “Britain’s Bill Gates” — was reported missing Monday after the sinking of a superyacht off the coast of Sicily.
The yacht, called the Bayesian, capsized at around 4 a.m. local time while anchored off the coast of Porticello, a small fishing village located in the province of Palermo in Italy. It was struck by an unexpectedly violent storm, according to local media reports.
Lynch’s wife, Angela Bacares, is among the 15 people who were rescued after the yacht’s collapse. At least one man has died, while six people — including Lynch’s daughter Hannah — remain unaccounted for, officials have said.
Sicily’s civil protection agency told reporters late Monday that Morgan Stanley International chairman, Jonathan Bloomer, his wife Judy, and Clifford Chance lawyer Chris Morvillo are also missing.
In a separate incident Saturday, Stephen Chamberlain, the former vice president of finance at Autonomy and a co-defendant in Lynch’s trial, died after being “fatally struck” by a car while out running in Cambridgeshire, Chamberlain’s lawyer told Reuters news agency.
Who is Mike Lynch?
Lynch, 59, is the founder of enterprise software firm Autonomy. He also runs Invoke Capital, a venture capital firm focused on backing European tech startups, which he founded in 2012.
He became the target of a protracted legal battle with Hewlett Packard after the technology firm accused Lynch of inflating Autonomy’s value in an $11.7 billion sale. HP took an $8.8 billion write-down on the value of Autonomy within a year of buying it.
Lynch was extradited from Britain to the U.S. last year to stand trial over the HP allegations. He faced criminal charges, including wire fraud and conspiracy for allegedly scheming to inflate Autonomy’s revenue starting in 2009 in a bid to entice a buyer.
But two months ago, Lynch, who has long denied the accusations, was acquitted of fraud charges in a surprise victory following the trial, which lasted for three months.
During the trial, Lynch took the stand in his own defense, denying wrongdoing and telling jurors that HP botched Autonomy’s integration.
Prosecutors had alleged Lynch, along with Autonomy’s now-deceased finance executive Chamberlain, padded Autonomy’s finances in a number of ways.
These included back-dated agreements and so-called “round-tripping” deals that sought to artificially inflate Autonomy’s sales by fronting cash cash to customers through fake contracts.
Lynch told jurors that he was focused on technology-related matters at Autonomy and left accounting and money decisions to the company’s then-chief financial officer, Sushovan Hussain.
Hussain was separately convicted in the U.S. in 2018 on charges of conspiracy, wire fraud and securities fraud related to the HP deal. He was released from prison in January after serving a five-year sentence.
‘Britain’s Bill Gates’
Lynch was born in Ilford, a large town in East London, in 1965 and grew up near Chelmsford in the English county of Essex.
He attended the University of Cambridge, where he studied natural sciences, focusing on areas including electronics, mathematics and biology. After completing his undergraduate studies, Lynch completed a Ph.D. in signals processing and communications.
Toward the end of the 1980s, Lynch founded Lynett Systems Ltd., a firm which produced designs and audio products for the music industry.
A few years later, in the early 1990s, he founded a fingerprint recognition business called Cambridge Neurodynamics, which counted the South Yorkshire Police among its customers.
But his big break came in 1996 with Autonomy, which he co-founded with David Tabizel and Richard Gaunt as a spinoff from Cambridge Neurodynamics. The company scaled into one of Britain’s biggest tech firms.
Lynch held a lot of influence in the U.K. technology sphere at the height of his success, having once been dubbed Britain’s Bill Gates by the media.
He was previously on the board of U.K. broadcaster BBC. He also once served as an advisor to the British government on the Council for Science and Technology.
In his role as head of venture firm Invoke, Lynch was closely involved in helping British cybersecurity firm Darktrace and legal software startup Luminance get off the ground, backing both firms with sizable sums of cash.
Publicly-listed Darktrace, which had fended off similar allegations of inflating its revenues by U.S. short seller Quintessential Capital Management (QCM), earlier this year agreed a deal to bought out and taken private by U.S. private equity firm Thoma Bravo for $5.32 billion in cash.
Lynch previously made the Forbes’ billionaires list in 2014 and 2015, with an estimate net worth of $1 billion, according to the business news outlet. However, while facing legal costs in the dispute with HP, he dropped off the list in 2016.
Legal struggles aside, Lynch has several hobbies to keep him busy, including keeping and caring for cattle and pigs at his home in Suffolk.
“I keep rare breeds,” Lynch told LeadersIn during an interview. “I have cows that became defunct in the 1940s and pigs that no one has kept since the medieval times and none of them have any Apple products whatsoever.”
Lynch reportedly returned to his farm in Suffolk, a county in the East of England, to recover from his U.S. legal battle, the local East Anglian Times newspaper reported.
Weeks before he was reported missing, Lynch told The Times newspaper of how he feared dying in prison if found guilty over the HP allegations.
“‘If this had gone the wrong way, it would have been the end of my life as I have known it in any sense,” Lynch said in the interview with The Times.
“It’s bizarre, but now you have a second life – the question is, what do you want to do with it?” he added.
Investors who hold exchange-traded funds can often escape a tax bill incurred by those with mutual funds, which are generally less tax efficient, according to investment experts.
ETFs and mutual funds are baskets of stocks, bonds and other financial assets overseen by professional money managers. But they have a different legal structure that bestows ETFs with a “tax magic that’s unrivaled by mutual funds,” Bryan Armour, the director of passive strategies research for North America and editor of the ETFInvestor newsletter at Morningstar, wrote this year.
That tax savings relates to annual capital gains distributions within the funds.
Capital gains taxes are owed on investment profits.
Fund managers can generate such taxes within a fund when they buy and sell securities. The taxes then get passed along to all the fund shareholders, who owe a tax bill even if they reinvest those distributions.
The ETF tax advantage is by virtue of “in-kind creations and redemptions,” which essentially provides for tax-free trades for many ETFs, experts explain. (The ETF’s in-kind transaction mechanism is somewhat complex. At a high level, it involves large institutional investors called “authorized participants,” which create or redeem ETF shares directly with the ETF provider.)
The tax advantage is generally most apparent for stock funds, they said.
For example, more than 60% of stock mutual funds distributed capital gains in 2023, according to Morningstar. That was true for just 4% of ETFs.
Less than 4% of ETFs are expected to distribute capital gains in 2024, Morningstar estimates. Such data isn’t yet available for mutual funds.
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Here’s a look at other stories offering insight on ETFs for investors.
Importantly, this tax advantage is only relevant for investors holding funds in taxable accounts, experts said.
It’s a moot point for retirement account investors like those with a 401(k) plan or individual retirement account, which already come with tax benefits, experts said.
The tax advantage “really helps the non-IRA account more than anything,” said Charlie Fitzgerald III, a certified financial planner based in Orlando, Florida, and a founding member of Moisand Fitzgerald Tamayo.
“You’ll have tax efficiency that a standard mutual fund is not going to be able to achieve, hands down,” he said.
However, ETFs don’t always have a tax advantage, experts said.
For example, certain ETF holdings may not be able to benefit from in-kind transactions, Armour said.
Examples include physical commodities, as well as derivatives like swaps, futures contracts, currency forwards and certain options contracts, he said.
Additionally, certain nations like Brazil, China, India, South Korea and Taiwan may treat in-kind redemptions of securities domiciled in those countries as taxable events, he said.
Check out the companies making headlines in midday trading. Boeing — The aircraft stock shed 2% after South Korea ordered an inspection of all 737-800 planes operated by domestic carriers following the deadly Jeju Air crash over the weekend, which involved a plane of that model. All but two of the 181 people on board perished in the crash, which became the deadliest air accident in South Korea’s history. MicroStrategy — The crypto stock slid 7.7% after the company disclosed in a regulatory filing a sale of more than 592,000 shares that took place between Dec. 23 and Dec. 29. MicroStrategy said it raised around $209 million from the sale. During this period, the company also said it purchased more than 2,100 bitcoins. Technology stocks — Tech stocks struggled Monday, with the S & P 500 sector losing 1%. “Magnificent Seven” giants Tesla and Amazon fell 2.2% and 1%, respectively. Apple and Microsoft were also down more than 1%. EQT — The energy stock gained 5%, moving higher along with natural gas prices. Natural gas futures are headed for their best year since 2016, up more than 57%. On Monday, it traded more than 17% higher. EQT was the best performing stock in the S & P 500. Super Micro Computer — The technology stock shed 2% after Super Micro terminated its financing and securities agreement with the Taiwan affiliate of HSBC Bank. Shares have been under pressure over the past six months, losing more than 61% in that time. Crypto stocks — Stocks tied to bitcoin moved lower with the cryptocurrency Monday. Shares of Coinbase and Mara Holdings shed 5.8% and 7.2%, respectively, while Block slipped close to 1%. Bitcoin shed more than 1%. Earlier this month, however, the digital currency topped $100,000 for the first time. Nvidia — The leading AI chipmaking stock added 1%, bucking the broader market downtrend and tech sell-off. Shares have surged 178% since the start of 2024. — CNBC’s Sean Conlon, Alex Harring and Samantha Subin contributed reporting.
Check out the companies making headlines in premarket trading. Boeing – Shares fell 3% after South Korea ordered an inspection of all 737-800 planes — the model involved in a deadly Jeju Air crash over the weekend — operated by its domestic carriers. The crash killed all but two of the 181 people on board, becoming the deadliest air accident in the country’s history. V2X – The defense company advanced 4.2% after announcing a $170 million contract with the Drug Enforcement Administration. Through the agreement, V2X will continue providing support to the DEA’s aircraft fleet. Rigetti Computing — The quantum computing stock slid 5.1%, reversing course after Friday’s rally of more than 10%. Rigetti is among the quantum stocks that have taken off in 2024, skyrocketing more than 1,600% year to date. KULR Technology Group — Shares of the space technology stock shed 3%, giving up some gains after surging 58% last week. KULR said last week that it bought 217.18 bitcoin worth about $21 million, marking its first purchase since announcing a bitcoin treasury initiative earlier this month. Red Cat Holdings — The drone stock popped 2.7%, regaining some ground after Friday’s slide of more than 8%. Despite recent choppiness, shares have surged more than 380% in the fourth quarter as drone sightings in the U.S. rekindled Wall Street’s interest in the sector. Palantir Technologies — The software stock shed 2%, pulling back slightly from its massive year-to-date rally of nearly 361%. Palantir has been the top-performing stock in the S & P 500 in 2024 and has added almost 18% this month alone, after earlier in December extending an army contract worth up to $619 million. VeriSign — Shares rose more than 2% in the premarket. Last week, Berkshire Hathaway disclosed it purchased more than 140,000 shares of the domain registry service company. MicroStrategy — The stock fell more than 2% after MicroStrategy disclosed the sale of more than 592,000 shares, raising about $209 million in proceeds. The company also disclosed the cash from that sale funded the purchase of more than 2,100 bitcoins. — CNBC’s Lisa Kailai Han, Sean Conlon and Pia Singh contributed reporting