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Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Wednesday, November 28, 2012

HP rebuffs ex-Autonomy CEO, warns of legal action

A HP Invent logo is pictured in front of Hewlett-Packard international offices in Meyrin near Geneva August 4, 2009. REUTERS/Denis Balibouse

A HP Invent logo is pictured in front of Hewlett-Packard international offices in Meyrin near Geneva August 4, 2009.

Credit: Reuters/Denis Balibouse

SAN FRANCISCO | Tue Nov 27, 2012 2:50pm EST

SAN FRANCISCO (Reuters) - Hewlett Packard Co rebuffed a request by former Autonomy Chief Executive Mike Lynch to detail accusations of accounting fraud leveled against the British software company and its former executives, and challenged Lynch to submit to questions under penalty of perjury.

HP was responding to an open letter that Lynch shot to HP's board on Tuesday, asking for specifics of the U.S. company's allegations that Lynch and former Autonomy executives inflated revenue and gross margins, which HP said last week forced it to take an $8.8 billion writedown on Autonomy's value.

In his letter, Lynch again flatly rejected any accusations of impropriety, and requested that HP's board share with him the same documents it had submitted to U.S. and British regulators, including the Securities and Exchange Commission and the Department of Justice.

Tuesday's exchange between HP, the world's largest computing company by revenue, and the former chief of Autonomy, which HP acquired for upwards of $11 billion last year, escalated a row that erupted last week when HP stunned investors by publicly accusing Lynch and other unnamed executives of inflating financial results such as margins.

The revelation again brought into question the competence of HP, which has made a series of missteps in past years including failed acquisitions and poor strategic decisions.

In Tuesday's letter, Lynch challenged HP to elaborate on how it calculated the writedown, especially $5 billion that the company has said was directly attributable to accounting impropriety at Autonomy.

"Can HP really state that no part of the $5 billion writedown was, or should be, attributed to HP's operational and financial mismanagement of Autonomy since the acquisition?" Lynch asked in the letter.

HP responded by saying the matter was now in the hands of the SEC, the UK's Serious Fraud Office and the Justice Department, and that it will defer to those agencies on how to engage with Lynch. It also warned it will take legal action against "parties involved" at the appropriate time.

"While Dr. Lynch is eager for a debate, we believe the legal process is the correct method in which to bring out the facts and take action on behalf of our shareholders," HP said in an emailed response.

"In that setting, we look forward to hearing Dr. Lynch and other former Autonomy employees answer questions under penalty of perjury."

HP's shares were down 1.5 percent at $12.55 in afternoon trade on Tuesday.

Last week's announcement came alongside the disclosure of a 6.7 percent slide in quarterly revenue, and occurred just three months after the company took a writedown of almost $11 billion on its EDS services division.

HP has for years relied on deal-making, acquiring businesses ranging from EDS to Compaq to Palm, but has largely failed to articulate a clear strategy or establish a strong position in growth businesses like computer services or mobile computing.

(Reporting By Edwin Chan and Poornima Gupta; Editing by Tim Dobbyn and Steve Orlofsky)


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Tuesday, November 27, 2012

Taxman seeks legal right to speed

27 November 2012 Last updated at 17:32 GMT By Kayte Rath Political reporter, BBC News Ambulance The government wants "rigorous" emergency vehicle training HM Revenue and Customs has asked to be on a revised list of emergency services allowed to break the legal speed limit.

HMRC wants the powers for covert surveillance of organised crime.

The request was revealed as the Department for Transport consults on allowing speed limit exemptions to be extended to services beyond the police, fire and ambulance services.

These would include bomb disposal units, vehicles carrying organs for transplant and coastguard vehicles.

Ministers said it was right revise the rules for those whose work "can mean the difference between life and death".

The proposals would see the law changed to require emergency drivers to complete high-speed training before they are able to drive over the speed limit.

There is also a proposal to exempt paramedics and other medical personnel from having to wear seatbelts in the back of ambulances, particularly when providing emergency treatment on the move.

While emergency service drivers are not exempt from the offences of dangerous and careless driving, the current legislation allows drivers in some circumstances to break speed limits legally, as well as exempting them from certain traffic regulations.

The government wants more vehicles to be able to drive above the speed limit where lives are at risk.

Road Safety Minister Stephen Hammond said: "Police, fire and ambulance service drivers are highly trained individuals who are at times required to exceed the speed limit in order to save lives.

"It is only right that we look at allowing other services whose duties can mean the difference between life and death to exceed the speed limit when responding to emergencies.

"It is also time to look at the legal requirements of emergency vehicle training so we can build on the rigorous standards the police, fire and ambulance services have already applied through their code of practice."

Organisations who have already requested a speed limit exemption - as well as HM Revenue and Customs - are the security services for vehicles that are involved in covert surveillance, Civil Aviation Fire and Rescue and Mountain Rescue.

Others that could be allowed to break the speed limit include Forestry Commission vehicles involved in fire fighting, the Coal Authority as part of mine rescue efforts and the Blood Transfusion Service.

The consultation closes on 27 February 2013.


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