Securities & Exchange Commission v. Wong
- Robert Lehrburger
- 1:22-cv-09618
- U.S. District Court · Southern District of New York
- 2
In Securities & Exchange Commission v. Wong, Magistrate Judge Lehrburger granted Brian Wong’s request to file an exhibit under seal.
Brian Wong, the Securities and Exchange Commission, and members of the public seeking access to the exhibit.
What happened
Securities & Exchange Commission v. Wong concerned Brian Wong’s request to file an exhibit privately rather than on the public docket. The exhibit contained excerpts from a confidential presentence investigation report used in a related criminal matter.
The court granted the request for permission to file the exhibit under seal. The Securities and Exchange Commission had reviewed the exhibit and did not object. The request relied on privacy interests and the report’s prior sealed status.
Magistrate Judge Robert W. Lehrburger issued the granting order. The order addressed access to the exhibit, not the parties’ underlying dispute about monetary relief.
The detailed version
- Securities & Exchange Commission v. Wong · No. 1:22-cv-09618
- Robert Lehrburger
- Jan. 16, 2025
Background
Brian Wong asked for permission to file under seal Exhibit 1 to a declaration supporting his opposition to the Securities and Exchange Commission’s motion for monetary relief. The exhibit combined excerpts from a confidential presentence investigation report from a related criminal matter. That report had previously been filed under seal.
The request explained that courts generally presume that the public may access judicial documents—documents relevant to the court’s work and useful in the judicial process. Courts balance that presumption against competing interests, including privacy interests. Wong asked for the exhibit to receive the same sealed treatment as the report from the related criminal matter. The Securities and Exchange Commission reviewed the exhibit and had no objection.
Ruling
The court granted Wong’s request for leave to file the exhibit under seal. The order did not decide the underlying motion for monetary relief or otherwise resolve the merits of the civil enforcement matter.
Classification
This is a procedural order concerning access to a court filing. It does not decide the parties’ underlying legal dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.