SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17458 / April 4, 2002
Accounting and Auditing Release No. 1540 / April 4, 2002
, Civil Action No. 98-0233 (TFH) (D. D.C.) (March 26, 2002)
UNITED STATES DISTRICT COURT ENTERS $33 MILLION DEFAULT JUDGMENT
AGAINST DEFENDANTS MIKO LEUNG AND SIT WA LEUNG
On March 26, 2002, the United States District Court for the District
of Columbia entered final judgments by default against defendants Miko
and Sit Wa Leung. The Honorable Thomas F. Hogan, United States
District Court Judge, ordered Miko and Sit Wa Leung to pay, jointly
and severally, $16.24 million disgorgement plus prejudgment interest
of $17.235 million. In addition, Judge Hogan ordered each defendant to
pay a $100,000 civil money penalty, permanently enjoined each of them
from future violations of the antifraud and other provisions of the
federal securities laws, and barred both defendants from acting as
officers or directors of public companies.
The Commission filed its complaint on January 29, 1998, alleging
that-between 1990 and 1993-Miko Leung, the former chairman and
president of MTC Electronic Technologies, Inc.-whose common stock
traded on Nasdaq-and his brother Sit Wa Leung, the former secretary
and a board member of MTC, engaged in a false disclosure and
accounting fraud scheme that culminated in a "pump and dump" stock
manipulation. The Commission's complaint further alleged that the
Leung brothers unjustly enriched themselves by more than $16 million
by selling MTC stock, including approximately 1.5 million shares they
had stolen from MTC.
The defendants eluded service of process for three years and, on
February 6, 2001, the court granted the Commission's motion to serve
them by publication notice in Hong Kong. After the Commission served
the defendants, they failed to answer the complaint.
The court found that by virtue of their failure to defend, the
defendants are deemed to have admitted the allegations in the
Commission's complaint, and found that they violated Section 17(a) of
the Securities Act of 1933, Section 10(b) of the Securities Exchange
Act of 1934 and Exchange Act Rule 10b-5. The court also found that, in
addition to his violations of the antifraud provisions of the federal
securities laws, defendant Miko Leung violated Exchange Act Section
13(b)(5) and Exchange Act Rules 13b2-1 and 13b2-2.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
Accounting and Auditing Release No. 1540 / April 4,
UNITED STATES DISTRICT COURT ENTERS $33 MILLION DEFAULT JUDGMENT
AGAINST DEFENDANTS MIKO LEUNG AND SIT WA LEUNG
On March 26, 2002, the United States District Court for the District of Columbia entered
In addition, Judge Hogan ordered each defendant to pay a $100,000 civil money penalty,
The Commission filed its complaint on January 29, 1998, alleging that-between 1990 and
The Commission's complaint further alleged that the Leung brothers unjustly enriched
The defendants eluded service of process for three years and, on February 6, 2001, the court
The court found that by virtue of their failure to defend, the defendants are deemed to have
See also Litigation Release No.
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