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U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 19169 / April 6, 2005

Securities and Exhange Commission v. Surgilight Inc., Jui-Teng Lin, Yuchin Lin and Aaron Tsai, Civil Case No. 6:02-CV-431-ORL-18-KRS (M.D. Fla. filed April 11, 2002)

Court Enters Final Judgments Against All Defendants in Surgilight Litigation

On April 4, 2005, the Honorable G. Kendall Sharp, United States District Judge for the Middle District of Florida, entered Final Judgments as to Defendants Surgilight, Inc., Jui-Teng Lin, Yuchin Lin and Aaron Tsai.

The Final Judgment as to Surgilight, Inc. ("Surgilight"), to which Surgilight consented without admitting or denying the Commission's allegations, enjoins Surgilight from violating Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act").

The Final Judgment as to Jui-Teng Lin ("Dr. Lin"), to which Dr. Lin consented without admitting or denying the Commission's allegations, enjoins Dr. Lin from violating Sections 10(b), 13(d) and 16(a) of the Exchange Act and Rules 10b-5, 13d-1, 13d-2, 16a-2 and 16a-3 thereunder, and Sections 5(a), 5(c) and 17(a) of the Securities Act. The Final Judgment also prohibits Dr. Lin from acting as an officer or director of a publicly traded company and orders him to disgorge $1,476,000, plus prejudgment interest thereon, provided that payment of disgorgement is deemed satisfied based on the entry of a court order directing Dr. Lin to forfeit a like amount to the United States in a parallel criminal action entitled U.S. v. Jui-Teng Lin, CR-02-0432 (E.D.N.Y. 2002).

The Final Judgment as to Yuchin Lin ("Mrs. Lin"), to which Mrs. Lin consented without admitting or denying the Commission's allegations, enjoins Mrs. Lin from violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Sections 5(a), 5(c) and 17(a) of the Securities Act.

The Final Judgment as to Aaron Tsai ("Tsai"), to which Tsai consented without admitting or denying the Commission's allegations, enjoins Tsai from violating Sections 5(a) and 5(c) of the Securities Act, orders him to disgorge $4,464, plus prejudgment interest thereon in the amount of $1,805.21, and to pay a civil penalty in the amount of $4,464.

The Commission's Complaint, filed in April 2002, alleges that Dr. Lin, the former CEO of Surgilight, and his wife, Yuchin Lin, artificially inflated the market price of Surgilight stock through a series of false and misleading press releases that detailed the company's alleged ability to cure an eye disorder known as "Presbyopia." Simultaneously, the Lins allegedly dumped thousands of shares of Surgilight stock on an unsuspecting investing public by trading in two nominee accounts that they controlled, reaping illicit profits in excess of $1.4 million. According to the Complaint, the Lins obtained the Surgilight shares traded in the nominee accounts from Tsai.

For more information, see Litigation Release Nos 17469 (April 11, 2002) and 18099 (April 23, 2003).


http://www.sec.gov/litigation/litreleases/lr19169.htm


Modified: 04/06/2005