A San Francisco federal grand jury has indicted the former chief operating officer of interactive television software company Liberate Technologies on securities fraud charges.

Former Chief Operating Officer Donald M. Fitzpatrick, 48, was charged with conspiracy to commit securities fraud, securities fraud, making false statements to auditors and falsifying the books and records of Liberate. Donald Fitzpatrick left Liberate in late 2002 and subsequently left the United States.

According to the indictment it is alleged that Telewest Broadband was granted concessions to sign an extension of a licensing agreement with Liberate and that this side agreement was not disclosed.