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ARTICLE · 22 JANUARY 2019

SEC Charges Several Individuals For Hacking Into EDGAR System

Hogan Lovells Cadwalader
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In a parallel action, the DOJ filed related criminal charges against the Ukrainian hacker and one of the traders based in Russia.

United StatesCorporate/Commercial Law

The SEC charged nine defendants for (i) hacking into the SEC's online Electronic Data Gathering, Analysis, and Retrieval ("EDGAR") system to acquire material nonpublic documents and (ii) trading on that information. Those charged included a Ukrainian hacker, six individual traders in California, Ukraine and Russia, and two entities.

According to the SEC Complaint, the Ukrainian hacker and several of the traders were previously involved in a similar scheme to hack into newswire services and profit by illegally trading on material nonpublic information contained in the pre-releases. The SEC charged the hacker and other traders for that conduct in 2015.

The Complaint alleges that the Ukrainian hacker made false statements and utilized multiple deceptive techniques to acquire thousands of nonpublic "test filings" from the SEC's EDGAR system's servers. Some of the test filings contained material nonpublic information, which allegedly was then sent to the traders, who

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