Andre Wong

U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 26237 / February 4, 2025

Securities and Exchange Commission v. Wong, No. 1:24-cv-04231 (S.D.N.Y. filed June 3, 2024)

SEC Obtains Final Judgment Against Former Tech Executive for Insider Trading

On January 30, 2025, the Securities and Exchange Commission obtained a final consent judgment against Andre Wong, whom the SEC previously charged with insider trading in the securities of NeoPhotonics Corporation ahead of an announcement that Wong’s then-employer, Lumentum Holdings Inc., had agreed to acquire NeoPhotonics.

The SEC’s complaint, filed on June 3, 2024, alleged that Wong learned material nonpublic information about Lumentum’s plans to acquire NeoPhotonics from a colleague at Lumentum. Based on this information, Wong purchased 10,000 shares of NeoPhotonics stock ahead of Lumentum’s November 4, 2021 acquisition announcement and generated approximately $62,000 in illegal profits.

The case originated from the SEC Enforcement Division’s Market Abuse Unit Analysis and Detection Center, which uses data analysis tools to detect suspicious trading patterns.

Without admitting or denying the SEC’s allegations, Wong consented to entry of a final judgment permanently enjoining him from violations of the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and barring him from serving as an officer or director of a public company for a period of five years. The final judgment also orders Wong to disgorge his illicit gains of $62,574 plus prejudgment interest thereon in the amount of $12,924, and to pay a civil penalty in the amount of $93,861.  

The litigation was led by Joshua R. Geller and Lindsay S. Moilanen of the Market Abuse Unit and Sushila Rao Pentapati of the New York Regional Office, and supervised by Market Abuse Unit Chief Joseph G. Sansone and Preethi Krishnamurthy of the New York Regional Office.