Former FDA Chemist Charged with Insider Trading

Published by: Mike Goldman on 30th Mar 2011 | View all blogs by Mike Goldman
Former FDA Chemist Charged with Insider Trading

A chemist who used to work for the US Food and Drug Administration and his son have been arrested and charged with illegally earning at least $3 million by trading based on nonpublic information related to drug-approval applications.

57 year-old Chen Yi Liang and 25 year-old Andrew Liang have been charged with conspiracy to commit securities and wire fraud, according to a statement released by the Justice Department on Wednesday.  The Securities and Exchange Commission, which has filed a separate civil claim against the pair, says the elder Liang made some $3.6 million by trading 19 stocks leading up to 27 FDA approval decisions since 2006.

Liang, who was working for the FDA's Center for Drug Evaluation and Research, violated his charged duty as a federal worker, which is not to engage in financial transactions benefiting from nonpublic information and not to use such info for personal gain, the SEC says.  The agency is seeking disgorgement of Liang's ill-gotten profits and fines of unspecified amounts.

“The insider trading laws apply to employees of the federal government just as they do to Wall Street traders, corporate insiders, or hedge fund executives,” said Daniel Hawke, who heads up the SEC's market abuse unit.  Both the Justice Department's and SEC's investigations are still ongoing.

According to a source familiar with the case, Liang traded in several smaller developmental drugmakers, firms whose stock could climb sharply based on an FDA approval.  Liang earned more than $1 million trading shares of Vanda Pharmaceuticals Inc, a drug company whose stock surged more than 600 percent the day after FDA cleared its schizophrenia drug Fanapt in May 2009, according to documents filed in the Justice Department case.

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