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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COURT CONTEMPT GEMSTAR-TV SECURITIES CIVIL CONTEMPT EXCHANGE COMMISSION REQUESTS VIOLATING TESTIFY REQUIRING SUBPOENA ENFORCEMENT LEUNG HENRY STIPULATED ORDER IMPOSE YUEN PURGES SUBPOENA ENFORCEMENT ACTION COMPEL ELSIE FORMER CFO ENTRY PROVIDED TESTIMONY CONNECTION ONGOING INVESTIGATION ANTIFRAUD PROVISIONS FEDERAL SECURITIES LAWS PUBLIC REPORTING |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18095 / April 18, 2003
, Case No. CV 03-1754 DT(SHSx) (C.D. Cal.)
FORMER GEMSTAR-TV GUIDE INTERNATIONAL CEO NAMED IN CIVIL CONTEMPT
PROCEEDING
Today the Securities and Exchange Commission filed a civil contempt
application in United States District Court in Los Angeles against
Henry C. Yuen, the former CEO of Gemstar-TV Guide International. The
SEC requests that the Court hold Yuen in contempt for violating a
court order compelling his testimony in the SEC's investigation
concerning Gemstar. The SEC alleged that Yuen failed to testify on
April 16 and 17, 2003, as required by the Court's March 13, 2003
Stipulated Order. The SEC is requesting that the Court hold Yuen in
contempt, and order him incarcerated and impose a daily civil fine of
$50,000, doubling daily, until Yuen purges his contempt by appearing
for testimony.
On March 12, 2003, the SEC filed a subpoena enforcement action to
compel the testimony of Yuen and Elsie Ma Leung, the former CFO of
Gemstar. Yuen and Leung agreed to the entry of a court order enforcing
the subpoenas and setting designated dates for their testimony. The
Court entered an order requiring Yuen to testify before the SEC on
April 1, 16-18 and 21-22. Yuen appeared and provided testimony on
April 1, 2003, but failed to provide testimony on April 16 or April
17. The SEC seeks Yuen's testimony in connection with an ongoing
investigation to determine whether there have been violations of the
antifraud and other provisions of the federal securities laws in
relation to Gemstar's public reporting of its financial results for
the years 1999 through 2002.
_________________________________________________________________
Modified 04/18/2003
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