Defendant Name:
Luckin Coffee Inc.
Defendant Type:
Public Company
SIC Code:
9999
CUSIP:
54951L10
Initial Case Details
Legal Case Name
SEC v. Luckin Coffee, Inc.
First Document Date
16-Dec-2020
Initial Filing Format
Civil Proceeding
Case Number
20-cv-10631
Allegation Type
Issuer Reporting and Disclosure
Federal District Court
New York, Southern District of New York
Violations Alleged
•
Sec 17(a) (Not specified)
•
Rule 13a-16 Exchange Act
Resolutions
First Resolution Date
16-Dec-2020
Headline Total Penalty and Disgorgement
$180,000,000
Related Documents:
Complaint
On December 16, 2020, the SEC filed a complaint against Luckin Coffee, Inc., stating: "From at lease April 2019 through January 2020, Luckin Coffee, Inc., a United States listed retail coffee provider based and operating in the People's Republic of China ("China"), intentionally fabricated more than RMB 2.12 billion (approximately USD $311 million) in retail sales transactions in an effort to falsely appear to achieve rapid growth and increased profitability and to meet the company's earning estimates.
Luckin Coffee Agrees to Pay $180 Million Penalty to Settle Accounting Fraud Charges
The SEC stated that: "[It] charged China-based company Luckin
Coffee Inc. with defrauding investors by materially misstating the company's revenue,
expenses, and net operating loss in an effort to falsely appear to achieve rapid growth
and increased profitability and to meet the company's earnings estimates. Luckin, whose
American Depositary Shares traded on the NASDAQ until July 13, 2020, has agreed to
pay a $180 million penalty to resolve the charges."
2020-319
16-Dec-2020
Press Release--Civil Action
Luckin Coffee Agrees to Pay $180 Million Penalty to Settle Accounting Fraud Charges
The SEC stated that: "[It] charged China-based
company Luckin Coffee Inc. with defrauding investors by materially misstating the company’s revenue, expenses,
and net operating loss in an effort to falsely appear to achieve rapid growth and increased profitability and to meet
the company’s earnings estimates. Luckin, whose American Depositary Shares traded on Nasdaq until July 13,
2020, has agreed to pay a $180 million penalty to resolve the charges."
Final Judgment as to Defendant Luckin Coffee Inc.
On February 4, 2021, the Court issued a final judgment as to Defendant Luckin Coffee Inc. The Court stated: "Defendant Luckin Coffee Inc. . . . consented to entry of this Final Judgment
without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived
findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment."