U.S. Securities and Exchange Commission v. Yang
1:12-cv-02473
| N.D. Ill. | Mar 30, 2014Background
- Yang challenged SEC findings on front-running and false Schedule 13(d) filings after a six-day trial.
- Jury found in Yang’s favor on insider trading; SEC prevailed on front-running and Schedule 13(d) claims.
- Yang moved for JMOL or a new trial on the front-running and Schedule 13(d) claims.
- Court applied standard: JMOL warranted only if no reasonable juror could find for SEC; evidence viewed in SEC’s favor.
- Evidence included Yang’s signed account documents, joint ownership with Fan, large trades, Yang’s securities background, IP-address alignment, and travel-correlated trading.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for front-running | Yang argues no evidence shows he made the front-running trades. | SEC contends trial evidence supports Yang’s trades and timing before Zhongpin moves. | No JMOL; evidence sufficient for jury verdict |
| Whether verdict was against weight of the evidence | Yang hints verdict contradicts weight of evidence. | Evidence supports verdict; credibility for jury. | New trial denied; verdict amply supported |
| Video conference testimony for witnesses | Fan, He, Lu should testify via video due to travel obstacles; Hu allowed due to pregnancy. | Video from China warranted for Fan, He, Lu; Hu allowed with conditions; depositions suggested. | Grant in part; allow Judy Hu live with conditions; deny others |
Key Cases Cited
- Clarett v. Roberts, 657 F.3d 664 (7th Cir. 2011) (JMOL standard: reasonable juror could find for prevailing party)
- Schandelmeier–Bartels v. Chicago Park Dist., 634 F.3d 372 (7th Cir. 2011) (strictly construe facts in favor of prevailing party)
- Lewis v. City of Chicago Police Dep't, 590 F.3d 427 (7th Cir. 2009) (weight-of-the-evidence standard; credibility left to jury)
- El-Hadad v. United Arab Emirates, 496 F.3d 658 (D.C. Cir. 2007) (video testimony considerations; good cause and safeguards)
