UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16046 / January 26, 1999 SECURITIES AND EXCHANGE COMMISSION v. HONG LU AND CHI-LIN TOM, ET AL. United States District Court for the Northern District of California, No. 99-9289 (MHP). The Securities and Exchange Commission ("SEC") and the U.S. Attorney’s Office for the Northern District of California today announced the filing of separate civil and criminal actions against two former employees of Advanced Fibre Communications, Inc. ("Advanced Fibre"), a manufacturer of telecommunications components based in Petaluma, California. The actions stem from the former employees’ alleged insider trading in Advanced Fibre options in June and July of 1998. The complaint and criminal indictment allege that the employees netted more than $327,000 in illegal profits. Named as defendants in the two actions are: Chi-lin Tom, 45, who was Advanced Fibre’s Director of Design Verification and Testing at the time of the alleged illegal trading; and Hong Lu, 27, who was then an Advanced Fibre engineer. Also named as a relief defendant in the SEC’s civil complaint is Hong Lu’s wife, Yi Lu, 27. Mr. Tom and the Lus all reside in Rohnert Park, California. According to the allegations of the SEC’s civil complaint and the criminal indictment returned by a federal grand jury yesterday, Mr. Tom learned on June 29, 1998, that Advanced Fibre would soon publicly announce lower-than-expected revenues for the quarter ending June 30. Mr. Tom and Mr. Lu agreed that Mr. Lu would trade Advanced Fibre securities so that both could profit from their inside information. The complaint and indictment further allege that beginning at 6:30 a.m. on June 30, Mr. Lu spent approximately $15,500 to purchase 200 put option contracts on Advanced Fibre stock for himself and Mr. Tom. At the time, Advanced Fibre stock was trading for approximately $40 per share. The options contracts, which expired on July 18, 1998, would only be profitable if the stock price fell below $35 per share. According to the complaint and indictment, after the market closed for trading on June 30, 1998, Advanced Fibre issued an early-warning announcement that its revenues and earnings for the quarter ended June 30 would be lower than expected. Advanced Fibre stock fell more than 55 percent to $18 per share on July 1. The complaint and indictment allege that after the price of Advanced Fibre stock fell, on July 1 Mr. Lu sold the 200 put option contracts and realized net profits of approximately $327,000. In its civil complaint, the SEC charges Mr. Lu and Mr. Tom with securities fraud based on their illegal insider trading, in violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint seeks to compel the two men to disgorge their illegal trading profits plus prejudgment interest. The complaint also seeks civil penalties of up to three times the trading profits against each man. In addition, the complaint seeks to enjoin Mr. Lu and Mr. Tom from future violations of the federal insider trading laws. The criminal indictment charges Mr. Lu and Mr. Tom with one count of conspiracy (in violation of 18 U.S.C Section 371), one count of securities fraud (in violation of 15 U.S.C. Sections 78(j) and 78(h)), and two counts of mail fraud (in violation of 18 U.S.C. Section 1341), each relating to the alleged illegal insider trading by the two men. In addition, the indictment charges each man with four counts each of making false statements to the SEC and one count each of obstruction of justice (in violation of 18 U.S.C. Sections 1001 and 1505), based on Mr. Lu’s and Mr. Tom’s allegedly false testimony under oath before the SEC during its investigation.