2:25-cv-12175
D.N.J.Sep 23, 2025Background
- Lang, a New Jersey resident and Chinese citizen, was employed as a financial analyst by Sujitech/Mask Network from 2022 to April 2025.
- Lang was promoted to Regional Managing Director in March 2024 and allegedly terminated in April 2025.
- Counterclaimants Yan and Sujitech allege Lang stole 1,545,154 USDT from Sujitech's Binance account and related assets, plus downloaded files and personal property theft.
- Bybit allegedly holds the 1,545,154 USDT and agreed to a temporary freeze for 7 days to aid investigation.
- Counterclaimants filed a motion for a preliminary injunction on August 4, 2025, seeking asset recovery, disgorgement, transfer of property to Yan, and deletion of downloaded files.
- District Court denies the motion, finding no clear showing of irreparable harm and not addressing remaining factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether irreparable harm is shown for injunction. | Lang’s dissipation risk and monetary loss are irreparable. | No irreversible or imminent harm shown; monetary losses are assessable and no ongoing scheme. | Irreparable harm not shown; injunction denied. |
Key Cases Cited
- Nutrasweet Co. v. Vit-Mar Enterprises, 176 F.3d 151 (3d Cir. 1999) (gateway to irreparable harm and preliminary relief considerations)
- Hoxworth v. Blinder, Robinson Co., Inc., 903 F.2d 186 (3d Cir. 1990) (unsatisfiability of a money judgment can constitute irreparable injury)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (U.S. Supreme Court 2008) (establishes the four-factor test for preliminary injunctions and imminence concerns)
- Acierno v. New Castle County, 40 F.3d 645 (3d Cir. 1994) (irreparable harm requires immediate or presently existing threat)
- Elliott v. Kiesewetter, 98 F.3d 47 (3d Cir. 1996) (factors for asset-dissipation injunctions and preservation of assets)
- U.S. v. Price, 688 F.2d 204 (3d Cir. 1982) (discretion in granting or denying preliminary injunctions)