- Huangs’ conducted random non-public database searches of their employer and obtained aggregated sales data for the companies they searched; beyond their scope of work.
- Huangs’ worked against their duties by using the non-public information for their personal gains.
Collectively, Huangs’ “Made profitable securities transactions on the basis of this material, non-public information in advance of the public release of quarterly sales announcements by these companies.”
“Since the passcodes to Defendants’ work-issued smartphones are not corporate records, the act of producing their personal passcodes is testimonial in nature and Defendants properly invoke their Fifth Amendment privilege.”
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”