It is not prosecution, as no one has yet been charged. But there is substantial evidence that the SEC investigation is active and continuing.
ALTO was suspended in September 2012. On average, if the SEC does bring civil charges, it takes 18-36 months after the suspension to do so. Sometimes it is faster, and sometimes slower, but most fall into that 18-36 month range. ALTO just recently passed the 18 month date, so we might hear something soon.
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