Super Micro shareholders sue over securities fraud as AI chip smuggling charges shake investor confidence

Reviewed byNidhi Govil

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Super Micro faces a securities fraud lawsuit from shareholders who claim the company concealed its dependence on illegal Chinese sales. The lawsuit follows federal charges against co-founder Yih-Shyan Wally Liaw and two employees for allegedly smuggling $2.5 billion worth of AI servers to China, representing over 16% of the company's 2024 revenue. The revelations triggered a 33% stock plunge, erasing more than $6 billion in market value.

Super Micro Shareholders Sue Over Alleged Securities Fraud

Super Micro Computer, Inc. is now facing a securities fraud lawsuit from shareholders who allege the company deliberately concealed its dependence on illegal sales of AI chips to China, resulting in an artificially inflated stock price

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. The Super Micro shareholders sue claiming the company failed to disclose issues with US export controls compliance, making its business outlook appear stronger than it actually was. This legal action comes in the wake of federal charges against three Super Micro employees, including co-founder Yih-Shyan Wally Liaw, for allegedly conspiring to smuggle cutting-edge artificial intelligence technology to China

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Source: New York Post

Source: New York Post

AI Chip Smuggling Operation Generates $2.5 Billion in Sales

The Department of Justice alleges that these illegal exports of high-end Nvidia chips, including A100 and H100 models, delivered approximately $2.5 billion in sales for Super Micro in 2024, accounting for more than 16% of the company's total $14.94 billion in revenue that year

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. The scheme involved shipping genuine high-performance computer servers to warehouses in Southeast Asia, where serial numbers were removed and switched to dummy servers to deceive inspectors. From there, the actual AI servers were sent to China through front companies with fabricated paperwork, demonstrating a deliberate and sophisticated operation .

Source: CRN

Source: CRN

Stock Plunges 33% as Investor Confidence Collapses

The revelations triggered a massive 33% drop in Super Micro stock value, wiping out more than $6 billion for investors

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. While federal authorities have not directly accused Super Micro of corporate wrongdoing, the fact that a substantial portion of its sales is tied to alleged illegal activity has severely damaged investor confidence. Following the charges, Liaw resigned from the company's board effective immediately, and Super Micro placed both Liaw and sales manager Ruei-Tsang Chang on administrative leave while terminating its relationship with contractor Ting-Wei Sun

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. The company appointed DeAnna Luna as acting chief compliance officer to address the crisis

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Multiple Cases Reveal Nvidia GPU Smuggling Scheme Network

The Super Micro case is not isolated. The Department of Justice announced charges against three additional suspects in a separate Nvidia GPU smuggling scheme involving Supermicro servers. Chinese national Stanley Yi Zheng from Hong Kong and US citizens Matthew Kelly and Tommy Shad English allegedly conspired to smuggle export-controlled chips to China using pass-through companies in Thailand starting in May 2023

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. Court documents reveal that Zheng sent a purchase order for 232 server units of model SYS-821GE-TNHR, which supports Nvidia H100 and H200 AI GPUs, totaling nearly $62 million

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. In this instance, both Nvidia and Super Micro appear to have noticed irregularities and canceled the orders in early 2024

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Source: New York Post

Source: New York Post

Circumventing US Export Controls Through Elaborate Schemes

The criminal complaint shows that when English attempted to order 750 servers worth approximately $170 million from Super Micro in October 2023, claiming to act on behalf of a Thai client, the company became suspicious when Zheng's China-based company was added to email threads while no one from the purported Thai customer was included

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. Text messages between the conspirators obtained by federal investigators discuss the market value of Nvidia's products in China and include references to finding clients who would "act as pass through partner for customers in China," demonstrating clear intent to circumvent US export controls

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Black Market for AI GPUs Thrives Despite Enforcement

These prosecutions, alongside dozens of reports of AI chip smuggling from Singapore, Malaysia, Thailand, and other countries near China, reveal a thriving black market for AI GPUs

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. The uncertainty from Beijing has led some companies to consider purchasing these AI GPUs from illicit sources, especially as AI hyperscalers worldwide race to build the most advanced models possible. Two US senators, Jim Banks and Elizabeth Warren, have called on the Commerce Department to suspend Nvidia's export licenses to Asian markets over fears the hardware will be rerouted to mainland China

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. Nvidia stated that "strict compliance is a top priority" and emphasized that unlawful diversion of controlled US computers to China is "a losing proposition" as the company does not provide service or support for such systems

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Super Micro Emphasizes Compliance Programs Amid Crisis

Super Micro has stated that the alleged conduct "is a contravention of the company's policies and compliance controls" and maintains it has "a robust compliance program" committed to full adherence to all applicable US export and re-export control laws and regulations

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. The company has been cooperating with the government's investigation and pledged to continue doing so. However, the securities fraud lawsuit suggests that shareholders believe the company's compliance programs failed to prevent or disclose the conspiracy, raising questions about the effectiveness of internal controls at a time when sanctions compliance has become critical for tech companies operating in the AI sector.

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