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Serious Fraud Office Drop Investigation Into Autonomy Accounting

mrspoonsi sends up an update on the investigation into Autonomy, a software company acquired by HP in 2011. HP paid a staggering $11.7 billion in the deal, then later wrote off $8.8 billion and claimed Autonomy's management intentionally defrauded them. The UK Serious Fraud Office opened a case on the matter in 2013, but that investigation has now been dropped. According to the Office's press release, they felt there was "insufficient evidence for a realistic prospect of conviction," given the information they had to work with. Autonomy is not off the hook, however — the case has now been entirely ceded to U.S. authorities.

53 comments

  1. confusing headline. by nimbius · · Score: 2

    As a DevOps engineer I was momentarily confused by the headline. Having had my usual 4 pints after work, i'd attributed the error to malted hops and barley. The reality however was that I'd failed to remember UK government and administrative offices have very immediate names. In america we take care to cloister our offices in overly broad vague names.

    --
    Good people go to bed earlier.
    1. Re:confusing headline. by ATMAvatar · · Score: 2

      If we gave our offices very specific names, people might notice when there is overreach and a subsequent expansion of power/budget.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    2. Re:confusing headline. by psm321 · · Score: 2

      The weird British pluralization doesn't help either (drop vs. drops)

    3. Re:confusing headline. by _merlin · · Score: 3, Informative

      I think you might be inebriated: it's malted barley and hops. In fact, I'm pretty sure you can't malt hops.

    4. Re:confusing headline. by Anonymous Coward · · Score: 5, Funny

      Yes, the originators of the language have clearly got it wrong.

    5. Re:confusing headline. by Anonymous Coward · · Score: 5, Interesting

      Yes, the originators of the language have clearly got it wrong.

      The funny collective-noun-plural-verb thing is an innovation by the Brits. In England, the language continued to develop during the 1800s and even 1900s, while it remained more or less fixed in the US (partly under the influence of Noah Webster) subsequent to independence. Thus Shakespeare writes "The army is discharged all and gone" in Henry IV, not "The army are discharged all and gone."

    6. Re:confusing headline. by xaxa · · Score: 1

      Here you go, a complete list: https://www.gov.uk/government/... . Much less interesting than I hoped.

      I think the prize for best name goes to the Scientific Advisory Committee on the Medical Implications of Less-Lethal Weapons

    7. Re:confusing headline. by pz · · Score: 1, Insightful

      And two little letters "UK" at the start of the headline would have eliminated all ambiguity. The headline is an example of prima facie editorial failure.

      --

      Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    8. Re:confusing headline. by rossdee · · Score: 1

      Whereas entertainers are investigated by The Humourous Fraud Office

    9. Re:confusing headline. by Anonymous Coward · · Score: 0

      Pah, Shakespeare couldn't even write in sentences most of the time. Amateur.

  2. Just a thought... by Frosty+Piss · · Score: 3, Insightful

    So, in their quest to be like Facebook and Google by snapping up technology for obscene money, they forgot to do "due diligence", and now they are pissed?

    HP used to be such a great technology company, until they switched to the printer ink scam... At least they sold off their bench test equipment designs to a company that is still producing fairly nice stuff.

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:Just a thought... by khasim · · Score: 3, Insightful

      So, in their quest to be like Facebook and Google by snapping up technology for obscene money, they forgot to do "due diligence", and now they are pissed?

      At $10 BILLION I don't think there is any "forgot" here.

      Even at the time of the deal the price was questionable. It was 10x more than Autonomy was possibly worth.

      I would say "follow the money" but it is sounding like someone did not complete their part of the deal.

      HP used to be such a great technology company, until they switched to the printer ink scam.

      Yeah. This sounds more like an attempt to loot the company that didn't pan out.

    2. Re:Just a thought... by CanadianMacFan · · Score: 1

      Having used some of Autonomy's products I'd say that HP paid $11.7 B too much for the company.

    3. Re:Just a thought... by bluefoxlucid · · Score: 1

      Why would you use any of Autonomy's products? I can't even tell what it does!

    4. Re:Just a thought... by CanadianMacFan · · Score: 1

      I had to use one of their search tools (well, one from a company that they bought actually) when I was looking after the applications for a website. The only time I used the site search was when I had to try to diagnose a problem with it. For the most part those of us on the application support team used Google when we needed to find anything on our site because it provided better results.

      I was sent for training on the product and the person giving the lessons used a major electronics company as an example site of their product. It was a horrible search engine that wouldn't always find things even if the pages existed.

  3. When does the investigation into HP start? by JoeyRox · · Score: 3, Insightful

    For executive gross negligence in failing to do proper due diligence before completing their horrible acquisition of Autonomy and then covering it up by attributing it to fraud.

    1. Re:When does the investigation into HP start? by Anonymous Coward · · Score: 0

      For executive gross negligence in failing to do proper due diligence before completing their horrible acquisition of Autonomy and then covering it up by attributing it to fraud.

      You expect actual justice? In THIS modern world?! You're either the bravest soul I've ever seen in a long time ... or you're really very naive. I want to believe it's the former, that would be very nice, more people feeling that way is the only way things ever really changed. But I must admit, I have no idea which describes you.

    2. Re:When does the investigation into HP start? by Anonymous Coward · · Score: 1

      Not excusing HP but if someone is looking to intentionally defraud in this scenario and they have control of the information, books, invoices etc that are handed to HP then it is nearly impossible to ever be 100% certain before an acquisition, at some point you have to trust that the people you are dealing with and if you are then found to have been duped you get the police involved.

    3. Re:When does the investigation into HP start? by Frosty+Piss · · Score: 1, Insightful

      Not excusing HP but if someone is looking to intentionally defraud in this scenario and they have control of the information, books, invoices etc that are handed to HP then it is nearly impossible to ever be 100% certain before an acquisition, at some point you have to trust that the people you are dealing with and if you are then found to have been duped you get the police involved.

      With a deal this big, HP might have wanted to verify the numbers through independent sources?

      --
      If you want news from today, you have to come back tomorrow.
    4. Re:When does the investigation into HP start? by Anonymous Coward · · Score: 0

      > Not excusing HP but if someone is looking to intentionally defraud in this scenario and they have control of the information, books, invoices etc

      Which should have all been signed off on by an auditor. Billion dollar companies do not not have accountants and an outside auditor.

    5. Re:When does the investigation into HP start? by khallow · · Score: 1

      You expect actual justice? In THIS modern world?!

      I believe the expectations may have been a bit less lofty than that. The internet doesn't do sarcasm very well, but I believe there may have been a bit of rolling of the eyes with that rhetorical question.

    6. Re:When does the investigation into HP start? by fuzzyfuzzyfungus · · Score: 1

      I'd expect justice approximately never; but I have to imagine that HP has a few HNW shareholders with scary lawyers who will be calling for the blood of the HP people responsible unless the feds come up with something suitably good on Autonomy's books.

    7. Re:When does the investigation into HP start? by Anonymous Coward · · Score: 0

      Independent sources don't protect you if the party in question is set on fraud as they will pass on the same doctored books and accounts to the 3rd party auditor. It is almost impossible to be certain without spending equally insane amounts of money following every rabbit hole.

    8. Re:When does the investigation into HP start? by Anonymous Coward · · Score: 1

      As I said, not trying to defend HP, they clearly screwed up in a monumental fashion. The fact remains though if people want to commit fraud in this scenario even with auditors and accountants checking the books you can pull the wool over peoples eyes. I worked many years with an auditor and we hired him specifically for the reasons he could tell us exactly what auditors are looking for, we did it to make audits go quicker and faster by being more compliant, but you could just as easily use that information on how an audit works and what they are looking for to ensure the auditors answer is exactly what you want it to be. In the end unless you are visiting every customer, checking every invoice, getting every single asset reevaluated then there are a thousand ways to inflate the value that audits won't find without an army of auditors, years of work and massive cost.

    9. Re:When does the investigation into HP start? by NicBenjamin · · Score: 3, Insightful

      I doubt it.

      These shareholders are the exact same people who fired Walter Hewlett for opposing the Compaq merger.

    10. Re:When does the investigation into HP start? by fuzzyfuzzyfungus · · Score: 2

      They may well be absolutely lacking in foresight; but it's hard to imagine the density needed to ignore the size of the writedown HP took on autonomy. Buying Compaq was a lousy plan, and the assorted nonsense about realizing synergies and leveraging things and so on failed to materialize; but with Autonomy HP HQ outright said "Well, we paid 10 billion dollars for something that we can now only value at 1.2 billion; because we fucked up." That seems like the sort of thing that would go right into 'your head on a platter, now' territory, were it my money on the line at that scale.

    11. Re:When does the investigation into HP start? by TheRaven64 · · Score: 1

      Maybe. The people harmed by this are HP shareholders. Crimes against the rich are usually investigated...

      --
      I am TheRaven on Soylent News
    12. Re:When does the investigation into HP start? by Forgefather · · Score: 1

      You might be able to actually see an investigation here. HP is beholden to their shareholders, and shareholders don't like to lose money. Under US law they can actually sue the management of HP in this case.

      The key point to take away here is that justice doesn't exist in the US UNLESS you have screwed over someone who is richer than you.

      --
      "There are lies, there are damn lies, and there are statistics"
    13. Re:When does the investigation into HP start? by NicBenjamin · · Score: 1

      You have a surprising amount of faith in investor's ability to tell stupid shit from a "high-risk/high-reward acquisition strategy." Particularly when "high-risk/high-reward" is followed by sophisticated business-speak for "it's all that guy's fault," especially in this case, which includes a large subtext of "and it'll be at least three more years before the police decide to call my bluff on this particular line of ridiculous BS."

      By the time all the cops have confirmed that it's BS all the relevant people at HP will have moved to other companies (probably mostly at higher-level positions), and this particular disaster will be the rationalization the next CEO uses to cover his ass when he totally fucks up. Hell this has already happened. Whitman wasn't CEO until a month after the acquisition was completed.

  4. This is serious... by __aaclcg7560 · · Score: 3, Insightful

    Autonomy is not off the hook, however â" the case has now been entirely ceded to U.S. authorities.

    Handed over to the U.S. Petty Fraud Department, where a slap on the wrist and a generous tax break for HP will be quickly administrated. Move along. Nothing to see here.

    1. Re:This is serious... by Anonymous Coward · · Score: 1

      Handed over to the U.S. Petty Fraud Department, where a slap on the wrist and a generous tax break for HP will be quickly administrated.

      HP is a private company. It's the shareholders who have been punished, by eating an 8 billion dollar loss, and that's as it should be. When the US taxpayer is forced to bail out what's left of HP then there would be something to talk about, but until that time it's just another case of the foolish being separated from their money. This isn't grade school, it's the real world. When you play marbles for keeps, nobody sheds a tear when you lose your lunch money.

    2. Re: This is serious... by Anonymous Coward · · Score: 0

      What the fuck kind of lunch line accepts marbles as currency?

  5. HP Paid silly money by Anonymous Coward · · Score: 5, Informative

    HP paid silly money, all the details of Autonomy's accounting numbers were right there in the books, anyone who read the books said "you're stupid to pay that much", Oracle said as much publicly after they turned it down, saying it was way overpriced.

    http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/electronics/8796470/Oracle-and-Autonomy-row-escalates-as-Larry-Ellison-accuses-Mike-Lynch-of-lying.html

    "Mr Ellison claimed in an earnings call last week that Autonomy had been "shopped" to Oracle before the British software company agreed its controversial $11.7bn (£7.1bn) sale to Hewlett Packard"

    ""After listening to Mr Lynch’s PowerPoint slide sales pitch to sell Autonomy to Oracle, Mr Kehring and Mr Hurd told Mr Lynch that with a current market value of $6 billion, Autonomy was already extremely over-priced."

    The price HP paid NEARLY DOUBLE, the price that Oracle refused to pay as overpriced.

    The valuation was insane, based on FUTURE growth not present value, and growth is illusive, based on OPINION not fact, because nobody can see into the future. So you believed managements OPINION as to future growth and didn't estimate your own numbers, HP.

    Now they try to get a prosecution because management willfully misled you? They painted too rosy a future? F*off. You're just incompetent. Oracle correct said it was overpriced, and you didn't, and paid nearly double the price Oracle said was too much.

    1. Re:HP Paid silly money by Anonymous Coward · · Score: 2, Insightful

      They painted too rosy a future? F*off. You're just incompetent.

      That's damn right. What do they think this is, nursery school? HP lost money because management was stupid and the shareholders lost money because they put their faith in half wits. They both deserved to lose that money, it's how the economy reallocates resources to smarter people who will put them to more effective use. To quote Nelson Muntz, "Ha Ha"!

    2. Re:HP Paid silly money by bluefoxlucid · · Score: 2

      Management estimates, not opinions. Management estimates have a risk attached to them, and it can be a really solid risk: you can have a 1% chance of hitting it big, or a 95% chance of taking market dominance; and you can predict this quite easily, if you know what you're doing.

      In this case, HP and Oracle assert that they were looking at made-up bullshit, not management estimates: Autonomy was throwing out this ideal situation that had near-0% likelihood of occurring, and claiming it as the high-probability outcome.

      Risk computations aren't opinions; they're solid, concrete, mathematical facts.

    3. Re:HP Paid silly money by Anonymous Coward · · Score: 0

      How was any money "reallocated"? No money existed in the first place. It's all notional, much like real estate.

  6. Clever Accounting by Anonymous Coward · · Score: 0

    It's just another way to put away some money under their beds at home. Clever accounting, that's all.

  7. Just another in a long series of misguided mergers by Bruce+Perens · · Score: 5, Insightful

    HP has a very long history of buying companies only to unload them for cents on the dollar a few years later. Remember Palm and WebOS? Take a look at the HP Acquisition List on Wikipedia. Not many of those companies were good buys.

    This was another of many issues that contributed to staff depression while I was there and continues to this day. We could see it was wrong, but could do nothing about it.

    They used to be the company engineers wanted to work for. When I got to Pixar in '81, the engineers that had been at HP were still proud of having worked there. It's really sad what's happened.

  8. Re:Just another in a long series of misguided merg by jones_supa · · Score: 1

    As a sidenote, it's annoying how in that welcome sign picture, the light fixture blocks the text "invent" on the sign. It's badly planned.

  9. Re:Just another in a long series of misguided merg by Bruce+Perens · · Score: 1

    Which photo?

    I have not been at HP for a long time, of course.

  10. Re:Just another in a long series of misguided merg by jones_supa · · Score: 2

    I just meant the Wikipedia article.

  11. Re:Just another in a long series of misguided merg by GerryHattrick · · Score: 2

    Remind us how much they had to write off after they'd bought EDS, whose star was already on the wane (because customers had sussed the business model). Utterly predictable.

  12. Greed versus Greed by Anonymous Coward · · Score: 0

    Ha, this is very funny. These acquisitions made so that management can rake in huge rewards but when they go wrong because of greed on the part of the company acquired, then all hell breaks loose.

  13. Hardly ever happens with tech buyouts by rmdingler · · Score: 2

    NewsCorp for MySpace, Apple for Beats, Facebook for WhatsApp, HP for 3Par & Compaq, and Microsoft for the AOL patents...

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  14. Re:Just another in a long series of misguided merg by Baussian · · Score: 2

    They used to be the company engineers wanted to work for. When I got to Pixar in '81, the engineers that had been at HP were still proud of having worked there. It's really sad what's happened.

    They are now the company IT managers want to work for.

    Today's HP internal management culture is one where technical staff is being sneered at and technical ignorance is a badge of honor.

    The company has lost it's way some time around the Compaq merger and is now slowly rotting from the inside.

  15. unless the criminal is richer by publiclurker · · Score: 1

    I'm sure the value of the assorted C level executives that profited from this purchase is higher than that of your average stockholder. While a few retirement funds, etc. may have been burned, their controllers get paid regardless, so they probably won't raise much of a stink