SEC v. Shuang Chen; Weiguo Guan; and Jiali Wang, No. 1:19-cv-12127, District of Massachusetts (Feb. 11, 2025) — Judgment
raw: Wang having entered a general appearance; consented to the Court’s jurisdiction over Defendant
Wang having entered a general appearance; consented to the Court’s jurisdiction over Defendant, No. 1:19-cv-12127 (Feb. 11, 2025)
Jiali Wang entered a final judgment with the SEC, agreeing to a permanent injunction and $7,750,000 in disgorgement for securities fraud and market manipulation.
The SEC obtained a final judgment against Jiali Wang for violating the Securities Exchange Act of 1934 and the Securities Act of 1933. The court ordered Wang to disgorge $7,750,000 in net profits, which was satisfied via a separate criminal forfeiture order. The judgment also imposes a permanent injunction against future fraudulent schemes and manipulative trading practices.
The Securities and Exchange Commission obtained a final judgment against Jiali Wang in the U.S. District Court for the District of Massachusetts. Wang consented to the court's jurisdiction and the entry of the judgment, which addresses violations of Section 10(b) of the Exchange Act, Rule 10b-5, and Section 17(a) of the Securities Act. The charges involved employing fraudulent devices, making material misstatements, and engaging in transactions designed to create a false appearance of active trading. As a result, Wang was held liable for the disgorgement of $7,750,000 in net profits, a liability deemed satisfied by a separate criminal forfeiture order in a related case. The court also entered a permanent injunction restraining Wang from future violations of federal securities laws. Furthermore, the judgment specifies that any debts resulting from these violations are non-dischargeable in bankruptcy.
Extracted insights
- $7.75M $7,750,000 $1M–$10M
- person defendant jiali wang
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed a Complaint
- Defendant Jiali Wang entered a General Appearance
- Defendant Jiali Wang consented To The Court’s Jurisdiction Over The Case
- Defendant Jiali Wang consented To Entry Of The Final Judgment
- Defendant Jiali Wang waived Findings Of Fact And Conclusions Of Law
- Defendant Jiali Wang waived Any Right To Appeal
- Defendant Jiali Wang is restrained From Violating Section 10(b) Of The Exchange Act
- Defendant Jiali Wang is restrained From Employing Any Device, Scheme, Or Artifice To Defraud
- Defendant Jiali Wang is restrained From Making Untrue Statements Of Material Fact
- Defendant Jiali Wang is restrained From Engaging In Fraudulent Business Practices
- Defendant’s Officers, Agents, Servants, Employees, And Attorneys are bound By The Final Judgment
- Other Persons In Active Concert Or Participation With Defendant are bound By The Final Judgment
- Defendant is restrained From Violating Section 17(a) Of The Securities Act
- Defendant is restrained From Employing Any Device, Scheme, Or Artifice To Defraud
- Defendant is restrained From Obtaining Money Or Property By Untrue Statements
- Defendant is restrained From Engaging In Fraudulent Transactions
- Defendant is restrained From Violating Section 9(a)(2) Of The Exchange Act
1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
SECURITIES AND EXCHANGE COMMISSION, )
)
Plaintiff, )
v. ) No. 19-cv-12127-WGY
)
SHUANG CHEN, et al. )
)
)
Defendants. )
WEIGUO GUAN, et al. )
)
Relief Defendants. )
)
FINAL JUDGMENT AS TO DEFENDANT JIALI WANG
The Securities and Exchange Commission having filed a Complaint and Defendant Jiali
Wang having entered a general appearance; consented to the Court’s jurisdiction over Defendant
and the subject matter of this action; consented to entry of this Final Judgment; waived findings
of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the
Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5
promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of
interstate commerce, or of the mails, or of any facility of any national securities exchange, in
connection with the purchase or sale of any security:
(a)to employ any device, scheme, or artifice to defraud;
2
(b) to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or
(c) to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
(the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any
means or instruments of transportation or communication in interstate commerce or by use of the
mails, directly or indirectly:
(a) to employ any device, scheme, or artifice to defraud;
(b) to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or
(c) to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser.
3
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 9(a)(2) of the Exchange Act [15
U.S.C. § 78i(a)(2)] by, directly or indirectly, effecting, alone or with one or more persons, a
series of transactions in any security registered on a national securities exchange, any security
not so registered, or in connection with any security-based swap or security-based swap
agreement with respect to such security creating actual or apparent active trading in such
security, for the purpose of inducing the purchase or sale of such security by others.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $7,750,000, representing net profits gained as a result of the conduct
alleged in the Complaint, which shall be deemed satisfied by the Order of Forfeiture (Money
Judgment) entered against Defendant in United States v. Jiali Wang, Crim. No. 1:22-cr-10123-
4
WGY, Dkt. No. 128 (D. Mass.).
V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set forth herein, and that Defendant
shall comply with all of the undertakings and agreements set forth therein.
VI.
IT
IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of
exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. §523, the
allegations in the complaint are true and admitted by Defendant, and further, any debt for
disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this
Final Judgment or any other judgment, order, consent order, decree or settlement agreement
entered in connection with this proceeding, is a debt for the violation by Defendant of the federal
securities laws or any regulation or order issued under such laws, as set forth in Section
523(a)(19) of the Bankruptcy Code, 11 U.S.C. §523(a)(19).
VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain
jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
VIII.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.
Dated: March 27, 2023
____________________________________
UNITED STATES DISTRICT JUDGE
/s/William G. Young1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) SECURITIES AND EXCHANGE COMMISSION, ) ) Plaintiff, ) v. ) No. 19-cv-12127-WGY ) SHUANG CHEN, et al. ) ) ) Defendants. ) WEIGUO GUAN, et al. ) ) Relief Defendants. ) ) FINAL JUDGMENT AS TO DEFENDANT JIALI WANG The Securities and Exchange Commission having filed a Complaint and Defendant Jiali Wang having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: (a) to employ any device, scheme, or artifice to defraud; Case 1:19-cv-12127-WGY Document 214 Filed 03/27/23 Page 1 of 4 2 (b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: (a) to employ any device, scheme, or artifice to defraud; (b) to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. Case 1:19-cv-12127-WGY Document 214 Filed 03/27/23 Page 2 of 4 3 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). III. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 9(a)(2) of the Exchange Act [15 U.S.C. § 78i(a)(2)] by, directly or indirectly, effecting, alone or with one or more persons, a series of transactions in any security registered on a national securities exchange, any security not so registered, or in connection with any security-based swap or security-based swap agreement with respect to such security creating actual or apparent active trading in such security, for the purpose of inducing the purchase or sale of such security by others. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). IV. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $7,750,000, representing net profits gained as a result of the conduct alleged in the Complaint, which shall be deemed satisfied by the Order of Forfeiture (Money Judgment) entered against Defendant in United States v. Jiali Wang, Crim. No. 1:22-cr-10123- Case 1:19-cv-12127-WGY Document 214 Filed 03/27/23 Page 3 of 4 4 WGY, Dkt. No. 128 (D. Mass.). V. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. VI. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. §523, the allegations in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Final Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. §523(a)(19). VII. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. VIII. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. Dated: March 27, 2023 ____________________________________ UNITED STATES DISTRICT JUDGE /s/William G. Young Case 1:19-cv-12127-WGY Document 214 Filed 03/27/23 Page 4 of 4