SEC v. Ieremenko et al.: settlements with Kwon and Sabodakha (hack to trade, 2020)
Settled
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In April 2020 the SEC announced settlements, subject to court approval, with traders David Kwon and Igor Sabodakha, defendants in its case over trading on earnings data hacked from the SEC's EDGAR system. Combined, they agreed to $314,278 of disgorgement and $37,199 of interest, and Sabodakha to a $148,804 penalty; Kwon's penalty is reserved for the court. The SEC will move to dismiss its charges against Sabodakha's wife, Victoria Vorochek.
The record
| Agency | SEC |
|---|---|
| Release number | LR-24793 |
| Date filed | 2020-04-09 |
| Court | U.S. District Court, District of New Jersey |
| Status | settled |
| Criminal parallel | No |
| Defendants | David Kwon ; Igor Sabodakha |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Securities Act s.17(a) |
| Techniques | Hack to trade |
What was ordered
- Civil penalty
- $149k
- Disgorgement
- $314k
- Prejudgment interest
- $37.2k
- Total relief
- $500k
- Alleged gain
- —
What is alleged to have happened
The Securities and Exchange Commission announced these settlements on April 9, 2020 as litigation release LR-24793, in SEC v. Ieremenko et al., civil action 19-cv-00505 in the District of New Jersey, filed January 15, 2019. The release concerns two of the nine defendants, David Kwon of California and Igor Sabodakha of Ukraine (2 individuals, 0 entities). The settlements were subject to court approval.
The SEC's complaint alleges that a Ukrainian hacker extracted EDGAR files containing nonpublic earnings results and passed them to traders, and that Kwon and Sabodakha traded in the narrow window before the companies announced. Sabodakha is also alleged to have traded earlier on information hacked from at least two newswire services. Without admitting or denying the allegations, each consented to an injunction under Section 10(b), Rule 10b-5 and Securities Act Section 17(a).
Kwon agreed to disgorge $165,474 and pay $16,254 of interest, with any penalty reserved for the court. Sabodakha agreed to disgorge $148,804, including trades in his wife Victoria Vorochek's account, pay $20,945 of interest and a $148,804 penalty. The record stores the combined disgorgement and interest and Sabodakha's penalty. An earlier version also tagged the matter as insider trading and as having a parallel criminal case; the release charges trading on hacked information and thanks the U.S. Attorney's Office for assistance without describing a criminal case.
For the regulator's own account of the facts, read the primary document linked above.
What technique is this, and how does it work?
This action is tagged with one technique in our taxonomy. The tagging is ours: regulators charge statutory provisions, not technique names, so the mapping is an editorial judgement described in our editorial policy.
- Hack to trade — see how it works, what statute it engages, and every other action tagged the same way.
Timeline
- 2020-04-09 Litigation release published
Primary documents
Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.
Same matter
The library links these 3 records because they appear to concern one matter: the same lead defendant, an overlapping technique tag and close filing dates, or a shared court docket or a release that cites the other. Records are listed by date filed.
| Date filed | Agency | Record | Status |
|---|---|---|---|
| 2019-01-15 | SEC | SEC v. Oleksandr Ieremenko et al. (hack to trade, 2019) | Judgment entered |
| 2020-04-09 | SEC | SEC v. Ieremenko et al.: settlements with Kwon and Sabodakha (hack to trade, 2020) | Settled |
| 2020-11-05 | SEC | SEC v. Ieremenko et al.: settlements with Cho, Olefir and Capyield (hack to trade, 2020) | Settled |
Related actions
Other actions in the library sharing at least one technique tag with this one.
| Action | Agency | Filed | Technique | Penalty | Status |
|---|---|---|---|---|---|
| SEC v. Robert B. Westbrook (hack to trade, 2024) | SEC | 2024-09-27 | Hack To Trade , Insider Trading | — | filed |
| SEC v. Olga Kuprina (insider trading, 2023) | SEC | 2023-02-08 | Insider Trading , Hack To Trade | — | settled |
| SEC v. Vladislav Kliushin, Nikolai Rumiantcev, Mikhail Irzak, Igor Sladkov, and Ivan Yermakov (hack to trade, 2021) | SEC | 2021-12-22 | Hack To Trade | — | judgment |
| SEC v. Ieremenko et al.: settlements with Cho, Olefir and Capyield (hack to trade, 2020) | SEC | 2020-11-05 | Hack To Trade , Insider Trading | $425k | settled |
| SEC v. Dubovoy et al.: settlements with eight defendants (hack to trade, 2020) | SEC | 2020-06-10 | Hack To Trade | — | judgment |
| SEC v. Oleksandr Ieremenko et al. (hack to trade, 2019) | SEC | 2019-01-15 | Hack To Trade | $16.3m | judgment |