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Wesley Hsu
Wesley Hsu
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Wesley Liu Hsu (born 1971)[2] is an American lawyer who is serving as a United States district judge of the United States District Court for the Central District of California. He previously served as a judge of the Los Angeles County Superior Court from California from 2017 to 2023.

Key Information

Early life and education

[edit]

While in high school, Hsu's parents were struck and severely injured by a drunk driver while crossing a street. His father suffered a broken rib and his mother went into a coma that lasted for two and a half months. The driver was sentenced to eight months in jail. Hsu, who thought the light sentence was an injustice to his parents, decided to pursue a legal career.[3] He received a Bachelor of Arts from Yale University in 1993 and a Juris Doctor from Yale Law School in 1996.[4]

Career

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From 1996 to 1997, he served as a law clerk for Judge Mariana Pfaelzer of the United States District Court for the Central District of California. From 1997 to 2000, he was an associate at Gibson, Dunn and Crutcher LLP in Los Angeles. From 2000 to 2017, he served as an assistant United States attorney in the U.S. Attorney's Office for the Central District of California, including from 2008 to 2015 as chief of the Cyber Crimes and Intellectual Property Crimes section and from 2015 to 2017 as executive assistant U.S. attorney.[4] On November 2, 2017, Hsu was appointed as a judge of the Los Angeles County Superior Court by California Governor Jerry Brown.[1] He left in 2023 when he was commissioned as a federal judge.

Notable cases

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In 2009, Hsu prosecuted Michael Barrett, who pled guilty to secretly filming ESPN reporter Erin Andrews while she was nude. Barrett was accused of altering peepholes in the doors of two hotel rooms.[5][6]

In 2010, Hsu prosecuted Gilberto Sanchez, who was accused of pirating the movie The Wolverine.[7][8]

In 2015, Hsu prosecuted Hunter Moore, who pled guilty to federal computer hacking and identity theft charges for hiring another man to hack into e-mail accounts to steal nude photos that were later posted on his website. Moore created the site IsAnyoneUp.com, which allowed for widespread publication and dissemination of revenge porn.[9][10]

Federal judicial service

[edit]

On December 21, 2022, President Joe Biden announced his intent to nominate Hsu to serve as a United States district judge of the United States District Court for the Central District of California. On January 23, 2023, his nomination was sent to the Senate. President Biden nominated him to the seat vacated by Judge Virginia A. Phillips, who assumed senior status on February 14, 2022.[11] On February 15, 2023, a hearing on his nomination was held before the Senate Judiciary Committee.[12] On April 20, 2023, his nomination was reported out of committee by a 13–8 vote.[13] On May 3, 2023, the United States Senate invoked cloture on his nomination by a 54–45 vote.[14] Later that day, his nomination was confirmed by a 53–43 vote.[15] He received his judicial commission on May 12, 2023.[16]

See also

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References

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[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Wesley Hsu

View on Grokipedia
from Grokipedia

Wesley L. Hsu (born 1971) is an American jurist serving as a for the . Born in , , Hsu received both his bachelor's degree and Juris Doctor from the . He began his legal career as a deputy in the Central District of , where he prosecuted early cases involving revenge pornography and cyber sex . In 2017, Governor appointed him to the , where he presided over matters in Pomona. Nominated by President on January 23, 2023, to fill a vacancy left by the retirement of A. Phillips, Hsu was confirmed by the on May 3, 2023, in a 53-43 vote along largely partisan lines. He was commissioned shortly thereafter and assigned to Courtroom 9B at the First Street U.S. Courthouse in , handling both civil and criminal matters.

Early life and education

Upbringing and family background

Wesley L. Hsu was born in 1971 in , . His parents, immigrants to the , attended graduate school at prior to moving to , where Hsu was born. Limited public records detail further aspects of his immediate family or early childhood environment beyond this relocation.

Academic achievements and clerkship

Hsu earned a degree in ethics, politics, and economics from in 1993. He then obtained a from in 1996. After graduating from law school, Hsu served as a to Judge Mariana R. Pfaelzer of the for the Central District of from 1996 to 1997. Pfaelzer, appointed by President in 1982, presided over notable cases including aspects of the civil rights litigation during her tenure. The clerkship provided Hsu with early exposure to federal district court proceedings in civil and criminal matters within the Central District.

Prosecutorial career

Entry into federal prosecution

Following his federal clerkship for Judge Mariana R. Pfaelzer on the U.S. District Court for the Central District of from 1996 to 1997, Hsu practiced as an associate at & Crutcher LLP in from 1997 to 2000. In August 2000, he entered federal prosecution as an in the U.S. Attorney's Office for the Central District of . Hsu's initial roles focused on general crimes, major s, and criminal appeals, handling prosecutions involving a range of federal offenses such as schemes and appeals from convictions. This period marked his shift from private civil litigation to public criminal enforcement, building expertise in federal and appellate practice within the Department of Justice framework. He remained in these sections until 2005, contributing to the office's caseload amid rising demands for and prosecutions in the early 2000s.

Leadership in cyber and IP enforcement

Hsu served as chief of the Cyber and Intellectual Property Crimes Section in the United States Attorney's Office for the Central District of California from 2008 to 2015, making him the longest-serving leader of the unit. In this role, he oversaw a team of prosecutors handling federal cases involving computer hacking, intellectual property theft, online fraud, and other cyber-enabled offenses, building on his earlier experience as deputy chief since 2005 and section member since its creation in 2001. The section's work emphasized coordination with federal agencies like the FBI and international partners to address threats originating from or targeting the district's technology and entertainment industries. Under Hsu's leadership, the section prosecuted cases involving unauthorized access to computer systems, such as the 2012 indictment of an IT contractor for sabotaging a company's network after termination, resulting in over $100,000 in damages. His team also pursued violations, including international schemes like the 2004 prosecution of six fraudsters operating a that defrauded victims of millions through fake websites mimicking legitimate retailers—efforts that continued evolving under his chief tenure. Hsu's unit was at the forefront of addressing emerging cyber threats, including early federal prosecutions of revenge pornography distributors and individuals using hacked personal data for , such as cases where perpetrators stole and disseminated nude images from victims' devices or accounts. Hsu highlighted the increasing prevalence of cyber extortion involving stolen intimate photos during his tenure, noting in 2014 that such incidents represented a "growing problem" driven by technological vulnerabilities and online anonymity. These prosecutions often involved applications of statutes like the , with outcomes including prison sentences for offenders who masked their activities using IP spoofing or overseas servers. His leadership contributed to the office's reputation for aggressive enforcement in cyber domains, informing broader DOJ strategies on digital crimes amid rising incidents in the entertainment sector.

Notable prosecutions and outcomes

Hsu prosecuted Michael Barrett, an insurance executive who secretly filmed reporter through hotel peepholes in 2008, distributing the nude videos online. Barrett pleaded guilty in December 2009 to one count of interstate under 18 U.S.C. § 2261A, facing a maximum of five years in prison. In March 2010, U.S. District Judge Manuel Real sentenced Barrett to 27 months in , followed by three years of supervised release and lifetime registration, emphasizing the lifelong harm to Andrews. In 2015, under Hsu's leadership as section chief, , operator of the "" website IsAnyoneUp.com, pleaded guilty to charges of conspiracy, unauthorized computer access under the (18 U.S.C. § 1030), and aggravated (18 U.S.C. § 1028A). Moore had hired a to breach victims' email accounts to obtain and post nude images without consent, affecting hundreds. U.S. District Judge sentenced Moore on December 2, 2015, to 30 months in prison, three years of supervised release, and $26,000 in restitution, highlighting the scheme's exploitation of non-consensual imagery for profit. Hsu's section also secured the 2005 guilty plea of Nicholas Jacobsen for intentionally accessing T-Mobile's protected computers without authorization under 18 U.S.C. § 1030(a)(5)(A)(ii), hacking customer accounts to view private photos, including celebrities'. Jacobsen, then 22, received a sentence of one year and one day in , reflecting early enforcement against invasions via unauthorized network access. As the longest-serving chief of the Cyber and Intellectual Property Crimes Section from 2008 to 2017, Hsu supervised prosecutions of cyber extortion schemes, often termed "emotional hacking," where offenders demanded sexual favors or money using stolen nude images; federal charges in at least 20 such cases were filed during this period, predominantly resulting in guilty pleas and prison terms due to provable unauthorized access and harm. His team targeted revenge pornography distributors and sextortionists via complaints from the FBI's , prioritizing cases with clear violations of federal hacking statutes over those lacking financial extortion elements. Additionally, under Hsu's oversight, the section prosecuted crimes, including trafficking in counterfeit computer parts posing risks to and infrastructure.

State judicial service

Appointment to Los Angeles Superior Court

On November 2, 2017, Governor appointed Wesley L. Hsu, then 46 years old and a resident of Pasadena, to a judgeship on the . The appointment filled a vacancy created by the retirement of Judge Robert H. O’Brien. At the time, Hsu was serving as a in the Central District of , a position he had held since 2000, most recently as Chief of the Cyber and Intellectual Property Crimes Section from 2013 to 2017 and Acting Chief from 2012 to 2013. Hsu's professional background included federal prosecutorial work focused on cybercrimes, enforcement, and complex litigation, building on his earlier clerkship for U.S. District Judge Ronald S. W. Lew from 1998 to 1999. He held a from the Gould School of Law and a from the . The appointment was one of 34 judgeships announced by that day, reflecting the governor's authority under the California Constitution to select judges from nominees vetted through a merit-based process. In , superior court appointments require evaluation and confirmation by the independent Commission on Judicial Nominees Evaluation (CJNE), which assesses candidates on criteria including legal ability, experience, integrity, and judicial temperament, but do not necessitate state approval. The position carried an annual salary of $205,000. Hsu's selection emphasized his prosecutorial expertise in high-stakes federal cases, aligning with the demands of a busy superior court docket handling civil, criminal, and family matters. He assumed the bench following CJNE confirmation and served until May 2023, when he was elevated to the U.S. District Court for the Central District of .

Key rulings and judicial approach

During his service on the Los Angeles County Superior Court from December 2017 to May 2023, Wesley L. Hsu handled a diverse caseload spanning civil, criminal, , and matters, presiding over more than 200 trials. He also acted as Assistant Site Judge at the Hollywood Courthouse, overseeing administrative operations alongside judicial duties. Specific rulings from this period, typical of trial-level , addressed procedural and substantive issues in individual disputes rather than establishing appellate precedents, with limited public documentation beyond tentative orders. Examples of Hsu's state court decisions include tentative rulings on motions for disclosure of peace officer personnel records under California law, where he evaluated relevance and compliance with evidentiary standards, as in a May 2023 hearing granting such a motion after review of submissions. In property-related cases, he ruled on issues like quiet title actions and fraud claims, denying or sustaining demurrers based on factual allegations and statutory interpretations, such as in disputes involving common counts and intentional torts filed in 2022. No high-profile or controversial rulings from his superior court tenure drew significant appellate scrutiny or media attention, reflecting the routine nature of trial court resolutions in California. Hsu's judicial approach emphasized procedural fairness and adherence to statutory text, drawing on his prior experience as a federal prosecutor in cyber and cases to manage complex evidentiary matters efficiently. During his 2023 federal confirmation process, senators inquired into his record without highlighting deviations from impartial application of , underscoring a conventional judgeship focused on fact-finding and legal compliance over ideological pronouncements. This method aligned with standard practices for judges, prioritizing timely dispositions in high-volume dockets.

Federal judicial nomination

Biden administration selection process

Senators and of recommended Wesley L. Hsu for nomination to the U.S. District Court for the Central District of California, reflecting the Biden administration's practice of deferring to home-state Democratic senators for district court selections. This approach aligns with longstanding where senators from the president's party identify and vet candidates to fill vacancies, often prioritizing experienced jurists with prosecutorial or state bench backgrounds. Hsu, who had served as a Los Angeles County Superior Court judge since his 2017 appointment by Governor and previously as an Assistant U.S. Attorney for 17 years, fit the profile of candidates favored for their trial-level expertise in federal and state courts. The vacancy Hsu was selected to fill arose from the retirement of Judge David O. Carter, effective February 14, 2022, prompting the to solicit recommendations from California's senatorial delegation amid broader efforts to address judicial vacancies in high-volume districts like the Central District. Feinstein and Padilla's endorsement emphasized Hsu's prosecutorial record in and cases, as well as his state judicial service, which demonstrated a practical, evidence-based approach to complex litigation. The administration's vetting incorporated input from bar associations, including a unanimous "well qualified" rating from the , underscoring a focus on professional competence over ideological litmus tests, though critics noted Biden's selections broadly advanced diversity goals, with over 40% of district nominees being people of color. President Biden formally announced Hsu's on December 21, 2022, as part of a slate of six district court picks, marking one of the final announcements of that year amid a push to confirm over 150 judicial nominees by term's end. This timing followed internal consultations with the Department of Justice and senatorial staff, ensuring alignment with priorities like bolstering the federal bench in districts overburdened by caseloads, where the Central District handled over 20% of national civil filings. The process avoided public controversies specific to Hsu, distinguishing it from broader debates over Biden's emphasis on demographic representation, which some analyses attributed to strategic efforts to counter perceived imbalances in prior administrations' appointments.

Senate confirmation debates

Hsu's confirmation hearing before the Senate Judiciary Committee occurred on February 15, 2023, alongside other judicial nominees. Senator Alex Padilla introduced Hsu, highlighting his educational background—a bachelor's degree from Yale University in 1993 and a Juris Doctor from Yale Law School in 1996—along with his clerkship in the U.S. District Court for the Central District of California, 15 years as an Assistant U.S. Attorney in the Central District, and service as a Los Angeles County Superior Court judge since 2017. Questions from senators were largely routine, focusing on Hsu's personal history, judicial temperament, and familiarity with precedents. Senator Dick Durbin inquired about his parents' immigration from Taiwan and the importance of judicial demeanor; Hsu affirmed the latter's centrality to fair adjudication. Senator Mazie Hirono asked standard questions on workplace conduct, to which Hsu responded negatively regarding any allegations or discipline. Senator John Kennedy probed Hsu's knowledge of New York Times Co. v. Sullivan (1964), a First Amendment defamation case, noting Hsu's limited direct experience but acknowledgment of its significance in protecting public discourse. Senator Padilla raised judicial clerk diversity, with Hsu endorsing outreach to affinity bar groups to broaden applicant pools. The nomination encountered procedural delays due to Senator Dianne Feinstein's extended absence from the starting in March 2023, which hampered the Committee's ability to achieve a quorum for advancing Biden's nominees, including Hsu. Despite this, the committee reported Hsu's nomination favorably on April 20, 2023, with support from some Republicans, reflecting his prosecutorial experience as a former federal assistant U.S. attorney handling over 100 trials. No substantive criticisms of Hsu's record emerged during committee proceedings; analyses described his background as conventional, with prior roles in and enforcement unlikely to provoke significant opposition. On the Senate floor, debate was minimal, aligning with the standard partisan dynamics for Biden judicial nominees. Senate Majority Leader prioritized the vote amid broader confirmation efforts. The confirmed Hsu on May 3, 2023, by a 53-43 margin, with all present Democrats voting in favor and Republicans opposed, consistent with party-line splits on such appointments lacking overt controversies. Three Republicans—Sensible Conservatism advocates—were absent or did not vote, but the outcome reflected no or extended floor debate.

Federal judicial service

Swearing-in and initial docket

Hsu received his commission as a for the Central of on May 12, 2023, following Senate confirmation on May 3, 2023, by a vote of 53-43. This commission authorized him to assume judicial duties, with swearing-in typically occurring concurrently or immediately thereafter for judges. Assigned to the First Street U.S. Courthouse in , Hsu's courtroom (9B, 9th Floor) began receiving case assignments shortly after, reflecting the court's random allocation process for new vacancies. His initial docket mirrored the Central District's diverse caseload, encompassing civil litigation, criminal prosecutions, and administrative matters such as Freedom of Information Act disputes. Early assignments included issuing standing orders for newly filed cases, with one such order entered on July 28, 2023, in a civil action (Case No. 2:23-cv-05033). By September 2023, Hsu handled substantive motions, denying dismissal in Young v. (a right-of-publicity suit against an AI face-swap app developer), emphasizing statutory protections for an individual's likeness in digital contexts. Criminal proceedings formed part of his starting responsibilities, scheduled for Fridays at 9:30 a.m., alongside civil hearings at 1:30 p.m., per his established procedures. Hsu promptly adopted standing orders for criminal cases, revised as of March 3, 2024, to govern discovery, motions, and preparations in line with Federal Rules of Criminal Procedure. This early phase underscored a pragmatic approach, prioritizing efficient case management amid the district's high volume of over 30,000 annual filings.

Significant federal rulings

In WildEarth Guardians v. United States Fish and Wildlife Service, decided on May 12, 2025, Hsu granted to environmental plaintiffs challenging the U.S. Fish and Wildlife Service's 2023 determination that Joshua trees () did not warrant listing as threatened or endangered under the Endangered Species Act (ESA). The court held that the agency's decision was arbitrary and capricious under the , as it failed to adequately consider of climate change impacts, including projected habitat loss from rising temperatures and , which peer-reviewed models indicated could eliminate up to 90% of suitable habitat by 2070. Hsu ordered the agency to reconsider the petition within a reasonable timeframe, emphasizing that the best available science must inform ESA evaluations without deference to policy preferences over empirical data. This ruling drew attention for highlighting tensions between and statutory mandates requiring integration of climate projections in species assessments. Hsu has also issued decisions in commercial disputes, such as in Netlist, Inc. v. Co., where on April 7, 2025, he entered judgment following a , terminating certain licensing agreements under the Joint Development and License Agreement and upholding the cessation of Samsung's rights post-termination. In appellate reviews of decisions, as in a July 11, 2024, order, he affirmed awards including under § 3294 in a non-contract case, rejecting challenges to the punitive component's . These rulings reflect a procedural focus on evidentiary sufficiency and contractual fidelity, consistent with federal standards, though none have yet generated appellate precedent or broad policy impact comparable to the ESA challenge.

References

  1. https://www.cacd.uscourts.gov/news/senate-confirms-superior-court-judge-wesley-l-hsu-united-states-district-judge-central-district
  2. https://justfacts.votesmart.org/public-statement/1649251/confirmation-of-wesley-l-hsu
  3. https://dailyjournal.com/judicial_profile/8915
  4. https://archive.gov.ca.gov/archive/gov39/2017/11/02/news20050/index.html
  5. https://lacba.org/?pg=lacba-asian-american-and-pacific-islander-heritage
  6. https://www.congress.gov/nomination/118th-congress/163
  7. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1181/vote_118_1_00111.htm
  8. https://www.cacd.uscourts.gov/judges-schedules-procedures
  9. https://www.fjc.gov/history/judges/hsu-wesley-liu
  10. https://www.padilla.senate.gov/newsroom/press-releases/padilla-speaks-on-confirmation-of-three-federal-judges-to-california-district-courts/
  11. https://www.ali.org/profile/5143
  12. https://www.judiciary.senate.gov/imo/media/doc/Hsu%20SJQ%20Public.pdf
  13. https://cdn.ca9.uscourts.gov/datastore/judicial-council/publications/AnnualReport2023.pdf
  14. https://www.law.berkeley.edu/wp-content/uploads/2022/04/yale_cdo_criminal_prosecution_public.pdf
  15. https://www.forbes.com/sites/kashmirhill/2014/07/31/federal-prosecutor-nude-photo-hackers/
  16. https://www.computerworld.com/article/1483783/it-contractor-indicted-for-sabotaging-computer-system.html
  17. https://www.bloomberg.com/news/articles/2014-07-21/hackers-extorting-with-stolen-photos-increasingly-common
  18. https://vault.si.com/vault/2017/01/30/pain-you-cant-see
  19. https://www.justice.gov/archive/criminal/cybercrime/press-releases/2005/jacobsenPlea.htm
  20. https://vettingroom.org/2023/02/02/judge-wesley-hsu/
  21. https://www.tentativerulings.org/search/?location=222&judge=791&zpage=&zresults=50
  22. https://ballotpedia.org/Wesley_Hsu
  23. https://www.napaba.org/page/confirmation_wesley_hsu
  24. https://afj.org/why-courts-matter/building-the-bench/nomination-process-faq/
  25. https://www.padilla.senate.gov/newsroom/press-releases/padilla-feinstein-applaud-nominations-for-california-district-courts/
  26. https://www.nytimes.com/2024/10/23/us/trump-biden-harris-federal-judges.html
  27. https://www.reuters.com/legal/government/biden-announces-last-six-judicial-nominees-2022-2022-12-21/
  28. https://www.pewresearch.org/short-reads/2025/01/09/how-biden-compares-with-other-recent-presidents-in-appointing-federal-judges/
  29. https://www.judiciary.senate.gov/committee-activity/hearings/02/15/2023/nominations
  30. https://www.congress.gov/event/118th-congress/senate-event/LC72841/text
  31. https://thehill.com/homenews/3959627-here-are-the-biden-judges-stalled-in-the-senate-by-feinsteins-absence/
  32. https://www.c-span.org/congress/?chamber=senate&date=2023-05-03
  33. https://apps.cacd.uscourts.gov/Jps/honorable-wesley-hsu
  34. https://dockets.justia.com/docket/california/cacdce/2:2023cv05033/889223
  35. https://news.bloomberglaw.com/ip-law/ai-face-swap-app-fails-to-escape-tv-celebritys-publicity-suit
  36. https://www.cacd.uscourts.gov/news?page=1
  37. https://www.desertsun.com/story/news/environment/2025/05/15/joshua-tree-protection-ruling/83658422007/
  38. https://www.eenews.net/articles/court-orders-fws-to-consider-protections-for-joshua-trees/
  39. https://www.courthousenews.com/environmentalists-score-victory-in-fight-for-joshua-tree-protections/
  40. https://caselaw.findlaw.com/court/us-dis-crt-cd-cal/117314835.html
  41. https://www.avpress.com/news/la-judge-nixes-decision-not-to-protect-joshua-tree/article_edd5332a-5315-4d0e-80a3-43d5bca71a5c.html
  42. https://missoulacurrent.com/joshua-tree-protections-2/
  43. https://cases.justia.com/federal/district-courts/california/cacdce/8:2020cv00993/783923/775/0.pdf
  44. https://cases.justia.com/federal/district-courts/california/cacdce/5:2022cv01867/866245/32/0.pdf
  45. https://www.law360.com/articles/2363912/netlist-judge-to-query-jurors-post-trial-over-voir-dire-replies
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