Case 1:17-cv-00972-JPO Document 315 Filed 07/29/22 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`SECURITIES AND EXCHANGE COMMISSION,
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`Plaintiff,
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`vs.
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`SHAOHUA (MICHAEL) YIN and BENJAMIN
`BIN CHOW,
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`Defendants, and
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`LIZHAO SU, ZHIQING YIN, JUN QIN, YAN
`ZHOU, BEI XIE, and CHAOFENG JI,
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`Case No. 1:17-cv-00972-JPO-JLC
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`ECF CASE
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`Relief Defendants.
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`DECLARATION OF GARY Y. LEUNG
`IN SUPPORT OF THE SEC’S MOTION FOR JUDGMENT
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`Case 1:17-cv-00972-JPO Document 315 Filed 07/29/22 Page 2 of 5
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`I, Gary Y. Leung, declare pursuant to 28 U.S.C. § 1746 as follows:
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`1.
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`I am an attorney admitted to practice law in the State of California and I am
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`admitted pro hac vice by this Court in this matter. I am the Regional Trial Counsel for the Los
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`Angeles Regional Office of the Securities and Exchange Commission. I have personal
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`knowledge of the matters set forth herein, except as otherwise noted, and, if called as a witness, I
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`could and would competently testify under oath to the facts stated herein.
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`2.
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`I make this declaration in support of the SEC’s accompanying Motion for
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`Judgment and Memorandum of Law in Support of the SEC’s Motion for Judgment.
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`3.
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`Attached hereto as Group Exhibit 1 is a true and accurate copy of email
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`correspondence I received from defense counsel dated August 15, 2019 and October 10, 2019.
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`4.
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`Attached hereto as Exhibit 2 is a true and accurate copy of written correspondence
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`I received from defense counsel dated March 24, 2020.
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`5.
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`Attached hereto as Exhibit 3 is a true and accurate copy of transcript excerpts of
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`the June 16, 2022 deposition of Ms. Nicole Sliger.
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`6.
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`Attached hereto as Exhibit 4 is a true and accurate copy of transcript excerpts of
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`the October 17-18, 2019 deposition of relief defendant Lizhao Su that have been redacted in
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`accordance with Fed. R. Civ. P. 5.2.
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`7.
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`Attached hereto as Exhibit 5 is a true and accurate copy of the May 30, 2022
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`Supplemental Expert Report of Nicole Sliger, CPA, CFF, CFE.
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`8.
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`Attached hereto as Group Exhibit 6 are true and accurate copies of the following
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`monthly Interactive Brokers account statements for the subject trading accounts opened in the
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`names of relief defendants: (i) April 2016 (all five accounts); (ii) September 2016 (accounts
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`opened in the names of relief defendants Lizhao Su, Zhiqing Yin, and Jun Qin); (iii) October
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`Case 1:17-cv-00972-JPO Document 315 Filed 07/29/22 Page 3 of 5
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`2016 (all five accounts); and November 2016 (all five accounts), which have been redacted in
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`accordance with Fed. R. Civ. P. 5.2 and highlighted to direct the reader’s attention to the
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`information addressed in the SEC’s memorandum of law.
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`9.
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`Attached hereto as Exhibit 7 is a true and accurate redacted copy of the April 25,
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`2022 Expert Report of Ross Delston, excluding Appendix E, that has been redacted in
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`accordance with Fed. R. Civ. P. 5.2.
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`10.
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`Attached hereto as Exhibit 8 is a true and accurate copy of document marked as
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`Exhibit 204 at the June 16, 2022 deposition of Ms. Nicole Sliger.
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`11.
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`Attached hereto as Exhibit 9 is a true and accurate copy of document marked as
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`Exhibit 206 at the June 16, 2022 deposition of Ms. Nicole Sliger.
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`12.
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`Attached hereto as Exhibit 10 is a true and accurate copy of document marked as
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`Exhibit 207 at the June 16, 2022 deposition of Ms. Nicole Sliger.
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`13.
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`Attached hereto as Exhibit 11 is a true and accurate copy of document marked as
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`Exhibit 209 at the June 16, 2022 deposition of Ms. Nicole Sliger.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed this 29th day of July, 2022 in Los Angeles, California.
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` /s/ Gary Y. Leung
`GARY Y. LEUNG
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`Case 1:17-cv-00972-JPO Document 315 Filed 07/29/22 Page 4 of 5
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`CERTIFICATE OF SERVICE
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`I am over the age of 18 years and not a party to this action. My business address is:
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`U.S. SECURITIES AND EXCHANGE COMMISSION,
`444 S. Flower Street, Suite 900, Los Angeles, California 90071
`Telephone No. (323) 965-3998; Facsimile No. (213) 443-1904.
`On July 29, 2022, I caused to be served the document entitled DECLARATION OF
`GARY Y. LEUNG IN SUPPORT OF THE SEC’S MOTION FOR JUDGMENT on all the
`parties to this action addressed as stated on the attached service list:
`OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection
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`and mailing today following ordinary business practices. I am readily familiar with this agency’s
`practice for collection and processing of correspondence for mailing; such correspondence would
`be deposited with the U.S. Postal Service on the same day in the ordinary course of business.
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`PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I
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`personally deposited with the U.S. Postal Service. Each such envelope was deposited with the
`U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid.
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`EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly
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`maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with
`Express Mail postage paid.
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`HAND DELIVERY: I caused to be hand delivered each such envelope to the
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`office of the addressee as stated on the attached service list.
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`UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by
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`United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a
`facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California.
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`ELECTRONIC MAIL: By transmitting the document by electronic mail to the
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`electronic mail address as stated on the attached service list.
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`E-FILING: By causing the document to be electronically filed via the Court’s
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`CM/ECF system, which effects electronic service on counsel who are registered with the
`CM/ECF system.
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`FAX: By transmitting the document by facsimile transmission. The transmission
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`was reported as complete and without error.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: July 29, 2022
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` /s/ Sarah Mitchell
`SARAH MITCHELL
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`Case 1:17-cv-00972-JPO Document 315 Filed 07/29/22 Page 5 of 5
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`SEC v. SHAOHUA (MICHAEL) YIN, et al.
`United States District Court—Southern District of New York
`Case No. 1:17-cv-00972-JPO
`SERVICE LIST
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`Michael Sommer (via ECF)
`Wilson Sonsini Goodrich & Rosati
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`Phone: (212) 497-7728
`Email: msommer@wsgr.com
`Counsel for Defendant Shaohua (Michael) Yin and Relief Defendants Jun Qin,
`Lizhao Su, Bei Xie, Zhiqing Yin, and Yan Zhou
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`Roland G. Riopelle, Esq. (via ECF)
`Sercarz & Riopelle, LLP
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`810 Seventh Avenue, Suite 620
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`New York, NY 10019
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`Phone: (212) 586-4900
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`Email: rriopelle@sercarzandriopelle.com
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` Counsel for Relief Defendant Yan Zhou
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`Miranda Kane (via ECF)
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`Kane+Kimball LLP
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`803 Hearst Avenue
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`Berkeley, CA 94710
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`Phone: (510) 704-1400
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`Email: mkane@kanekimball.com
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` Counsel for Defendant Benjamin Bin Chow
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`Brian T. Burns (via ECF)
`Patrick J. Smith (via ECF)
`Smith Villazor LLP
`250 West 55th Street, 30th Floor
`New York, New York 10019
`Phone: (212) 582-4400
`Email: patrick.smith@smithvillazor.com; brian.burns@smithvillazor.com
`Counsel for Relief Defendant Chaofeng Ji
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