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HPE hopes that Sushovan Hussain, former chief financial officer of the infamous British software company Autonomy, testifies in the lawsuit filed by HPE in the UK against former CEO of Autonomy, Mike Lynch, before 39, to be sentenced to a term of imprisonment in the United States.
In legal deposits seen by The registerHPE 's attorneys said: "Hussain' s sentencing hearing remains unclear and he does not know whether, once sentenced, he will be punished with a sentence of one year. immediate imprisonment. "
Lynch and Hussain are co-accused in a London-based civil suit brought on by a vengeful HPE, who is determined to sue both for an $ 8.8 billion loss in value from Autonomy after its acquisition by HPE in 2012.
The clash in the UK court against Mike Lynch against HPE postponed to 2019
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Hussain was convicted of fraud by the US court system in April 2018. As the chief financial officer of Autonomy, a San Francisco court said he helped the company cook his books up to $ 100,000. more than $ 8 billion, angering Hewlett. Packard (as it was) to put civil and criminal lawyers on the tracks of Hussain and Lynch. At the time, victorious US prosecutors said that autonomy was an "unsustainable ponzi ploy".
What HPE fears is that if London's long civil trial scheduled for the remainder of 2019 is delayed, Hussain "will have a hard time testifying and participating in the trial more generally if he is imprisoned in the US. United".
"We should now give Mr. Hussain his testimony at trial sooner than expected, so that his testimony can be heard at a time when he is available." HPE asks Hussain to testify directly after Lynch himself, rather than waiting for Lynch's 20 witnesses to testify before testifying.
For her part, Lynch would have disagreed with the idea of speeding up Hussain's testimony because, "in the usual way, a first accused should call his witnesses before the witnesses, because all subsequent defendants are called. " In their own skeleton argument, Lynch's lawyers indicated that HPE "also raised a question about the scope of [Hussain]participation in the trial. This is a problem for [Defendant 2; Hussain], "adding that, while Lynch has filed 22 witness statements, Hussain has so far" filed only his ".
Lynch's legal team also noted that Mr. Hussain "is not able to bear his share of the costs" of hiring an badistant legal badistant to badist him. Single judge, Mr. Justice Hildyard, during the trial. As part of the US criminal procedure, Hussain was sentenced to lose more than $ 7 million that he had made in personal profits from the sale of Autonomy.
The register Hussain's legal team understands that he would prefer to testify at the usual stage of the trial.
Lynch and Hussain both deny the mischief over autonomy, with Hussain pleading not guilty at the beginning of his criminal trial in the United States, notwithstanding his criminal conviction. He said that he would appeal his conviction to the United States once it was over.
The main civil trial in London is scheduled to open on March 25 and end in December. The register report the case as it progresses. ®
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