Not going anywhere: Home Office delays decision on extradition of Mike Lynch to US
The Government has delayed its decision on extraditing technology entrepreneur Mike Lynch, who is facing fraud charges in the US., the Home Office confirmed to Morning Wire this afternoon.
A decision on the billionaire was expected this week but a Home Office spokesperson said it has been granted a seven-day extension.
Some back benchers have urged the home secretary to over-rule the decision to extradite the Lynch, who would face 17 charges of fraud.
A judge ruled Lunch could be sent to the US to face trial over the $11bn sale of software developer Autonomy, in July this year.
Accusations
The businessman faces accusations he flattered Autonomy accounts to extract a better price when it was sold to Hewlett-Packard in 2011.
Hewlett-Packard wrote off $8.8bn of the value of the acquisition, a year after the sale. The company blamed an alleged accounting fraud for $5bn of the impairment.
Lynch – who has denied the accusation – could spend more than 20 years behind bars, if found guilty.
A Home Office spokesman said: “Extensions for making a decision on any given case can be made under the Extradition Act 2003. The home secretary is giving full consideration to the relevant issues raised in this case.”
Section 99(4) of the Extradition Act 2003, allows for permission to be sought for an extension on any given case.
Thomas Garner, partner at law firm Fladgate, said it was highly unlikely that Patel would answer attempts to overrule the extradition.
“The reality is that the Home Secretary’s role in extradition has been greatly constrained since Theresa May blocked Gary McKinnon’s extradition to the US in 2012. Following that case and the Baker Review into our extradition arrangements, the law was amended to remove the Home Secretary’s power to consider human rights grounds which must instead be raised before and decided by the courts,” he added.
Only a few specific issues can be considered when looking at an extradition, including risk of the death penalty to the individual and speciality arrangements to prevent an individual facing trial for different allegations.