U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 19994 / February 8, 2007
SEC v. Daniel Fongnien Chiang and Eva Yi-Fen Chen, Civil
Action No. 1:07CV00285 (D.D.C., filed February 8, 2007)
SEC Charges Former Co-Chairman of SINA Corp. and his Wife, CEO of
Trend Micro Incorporated, With Insider Trading
The Securities and Exchange Commission announced today that it has
filed a complaint in the United States District Court for the District
of Columbia against Daniel Fongnien Chiang, the former Co-Chairman of
SINA Corp., and his wife, Eva Yi-Fen Chen, the CEO of Trend Micro
Incorporated, charging that Chiang, aided and abetted by Chen, engaged
in illegal insider trading by selling SINA stock short while in
possession of material, non-public information about internal SINA
projections that SINA's first quarter 2005 mobile value-added revenues
could be off my as much as twenty to thirty percent from the previous
quarter, resulting in a twelve to eighteen percent decline in total
revenues for the previous quarter.
The Commission's complaint alleges that on February 4, 2005, Chiang
participated in a SINA Board of Director's meeting where he learned
confidential information that SINA was going to disclose lower than
expected revenue projections. On the morning of February 7, 2005, in
breach of his duty of trust and confidence owed to SINA, Chiang, with
the assistance of Chen, positioned himself to profit from a drop in
SINA's stock price by placing eight separate orders to sell short
200,000 shares of SINA securities in Chen's mother's account. Due to the
limited buying power in the account, ultimately, four orders totaling
70,000 shares of SINA were sold short in the account. After the close of
the market on February 7, SINA announced that it was expecting a revenue
shortfall, and its stock price dropped approximately 26%. As a result of
his unlawful insider trading, Chiang realized $257,833 in ill-gotten
gains.
Simultaneously with the filing of the complaint, Chiang has
consented, without admitting or denying the allegations in the
Commission's complaint, to the entry of an order that permanently
enjoins him from violating, directly or indirectly, Section 10(b) of the
Securities Exchange Act of 1934, and Rule 10b-5 thereunder. In addition,
the order bars Chiang from serving as an officer or director of a public
company for a period of five years, requires him to pay disgorgement of
$257,833 plus prejudgment interest thereon, and requires him to pay a
civil penalty of $257,833. Also simultaneously with the filing of the
complaint, Chen has consented, without admitting or denying the
allegations in the Commission's complaint, to the entry of an order that
permanently enjoins her from violating, directly or indirectly, Section
10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder,
and requires her to pay a civil penalty of $128,916.
SEC Complaint in this matter