Securities and Exchange Commission v. Luca International Group LLC; Luca Resources Group LLC; Luca Energy Fund LLC; Entholpy EMC Inc.; Bingqing Yang; Lei (Lily) Lei; Anthony V. Pollace; Yong (Michael) Chen
Published: Jul. 2, 2021 | Result Date: Jun. 9, 2021 | Filing Date: Jul. 6, 2015 |Case number: 3:15-CV-03101 Settlement – $700,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Alice L. Jensen
(U.S. Securities & Exchange Commission)
Sheila E. O'Callaghan
(U.S. Securities and Exchange Commission)
Defendant
John Chu
(Corporate Counsel Law Group LLP)
Facts
The Securities and Exchange Commission filed suit against defendant Bingqing Yang and her management companies Luca 4 International Group, LLC, Luca Resources Group, LLC and Luca Energy Fund, LLC, regarding securities violations.
Contentions
PLAINTIFF CONTENTIONS: Plaintiff contended that from 2007 until 2014, defendants engaged in a fraudulent scheme deceiving investors, causing them substantial economic injury of more than $68 million. Plaintiff also contended that these acts by defendants constituted securities violations.
DEFENDANT CONTENTIONS: Defendants denied all allegations.
Result
Yang consented to entry of a final judgment permanently enjoining her from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), (2) and (4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder, from participating in the issuance, offer or sale of any security of an entity she controls; from soliciting any person or entity to purchase or sell any security; and from acting as an officer or director of a public company. The final judgment also orders Yang to pay a total of $700,000 (including $209,672 in disgorgement, $64,579 in prejudgment interest, and a $425,749 civil penalty).
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