U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15978 / November 17, 1998 Securities and Exchange Commission v. Hahn Truong, Hieu Truong, Hen Truong, Nina Vinh, Mike Pirbazari and Christopher Nguyen, Civil Action No. C98-21137SW (N.D. Cal.) The Securities and Exchange Commission ("Commission") filed an enforcement action in the federal district court in San Jose charging six defendants with insider trading in the securities of Molecular Dynamics, Inc. ("Molecular"), a high-tech firm located in Sunnyvale, California. The Commission alleges that Hahn Truong ("Hahn"), age 36, of San Jose, California, used confidential corporate information in selling shares in his then- employer, Molecular, and tipped others with the information who then sold and/or sold short additional Molecular shares. The defendants' and another tippee's ill-gotten gains collectively totaled $429,136. Also named in the Commission's action are: Hieu Truong ("Hieu"), age 43, residing in San Jose, California; Hen Truong ("Hen"), age 38, whose last known address is in San Jose, California; Nina Vinh ("Nina"), age 35, residing in Milpitas, California; Mike Pirbazari ("Pirbazari"), age 52, residing in Los Angeles, California; and Christopher Nguyen ("Nguyen"), age 35, residing in Cupertino, California. The Commission's complaint alleges that while employed as the manager of the software engineering group at Molecular, Hahn obtained material, nonpublic information concerning Molecular's anticipated poor financial results for the first quarter of 1994. Three weeks before Molecular publicly announced the information on April 6, 1994, Hahn used the information to sell all of his Molecular stock (33,729 shares) and tipped his brothers Hieu and Hen, and his friend Nguyen, each of whom sold all of his Molecular shares and sold short additional shares. Collectively, these tippees sold 28,300 Molecular shares and sold short 33,800 Molecular shares. The complaint further alleges that Hahn lent money to Hen to fund his short sales and received half of Hen's short selling profits and that Hahn lent Nguyen $15,000 to short sell Molecular stock. The Commission's complaint further alleges that Hieu, in addition to trading on his own behalf, tipped his sister-in-law Nina, who sold all of her 3,000 Molecular shares and sold short 1,500 shares; Nina tipped her sister and her friend Pirbazari, each of whom sold all of her/his Molecular shares (815 and 1,000 shares respectively). When Molecular publicly announced that its quarterly results would be lower than expected, its stock price dropped from $10 to $6.125, a 38.8% decline. By using the material, nonpublic information to trade Molecular shares before the public announcement, the defendants and Nina's sister collectively avoided losses totaling $294,151 and made short selling profits of $134,985. The Commission charged the defendants with violations of Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The Commission's complaint seeks permanent injunctive relief, disgorgement plus prejudgment interest thereon, and civil penalties against all of the defendants.