Three
Chinese citizens have been criminally charged in the United States with trading
on confidential corporate information obtained by hacking
into networks and servers of law firms working on mergers, U.S.
prosecutors said on Tuesday.
Iat
Hong of Macau, Bo Zheng of Changsha, China, and Chin Hung of Macau were charged
in an indictment filed in Manhattan federal court with conspiracy, insider
trading, wire fraud and computerintrusion.
Prosecutors
said the men made more than $4 million by placing trades in at least five
company stocks based on inside information from unnamed law firms, including
about deals involving Intel Corp and Pitney Bowes Inc.
The
men listed themselves in brokerage records as working at information technology
companies, the U.S. Securities and Exchange Commission said in a related civil
lawsuit.
Hong,
26, was arrested on Sunday in Hong Kong, while Hung, 50, and Zheng, 30, are not
in custody, prosecutors said. Defense lawyers could not be immediately
identified.
The
case is the latest U.S. insider trading prosecution to involve hacking, and
follows warnings by U.S. officials that law firms could become prime targets
for hackers.
"This
case of cyber meets securities fraud should serve as a wake-up call for law
firms around the world: you are and will be targets of cyber hacking, because
you have information valuable to would-be criminals," U.S. Attorney Preet
Bharara in Manhattan said.
Prosecutors
said that beginning in April 2014, the trio obtained inside information by
hacking two U.S. law firms and targeting the email accounts of law firm
partners working on mergers and acquisitions.
Prosecutors
did not identify the two law firms, or five others they said the defendants
targeted.
But
one matched the description of New York-based Cravath, Swaine & Moore LLP,
which represented Pitney Bowes in its 2015 acquisition of Borderfree Inc, one
of the mergers in question.
The
indictment said that by using a law firm employee's credentials, the defendants
installed malware on the firm's servers to access emails from lawyers,
including a partner responsible for the Pitney deal.
Cravath
declined to comment. In March, Cravath confirmed discovering a "limited
breach" of its systems in 2015.
Prosecutors
also accused the defendants of trading on information stolen from a law firm
representing Intel on the chipmaker's acquisition of Altera Inc in 2015.
Intel's
merger counsel on the deal was New York-based Weil, Gotshal & Manges LLP.
The law firm declined to comment.
In
Beijing, Chinese Foreign Ministry spokeswoman Hua Chunying said she was aware
of the reports about the case but knew nothing about it.
The
case is U.S. v. Hong et al, U.S. District Court, Southern District of New York,
No. 16-cr-360.

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