All OTC securities are caveat emptor in the SEC's eyes. Black has gone close to the line but, I'm not sure that he would be criminally liable for anything and, as far as civil action goes, IMO the lawsuit threats posed by some are merely smoke, and, likely would never even get filed much less, come to fruition.
If HNSS's financial filings had been real SEC filings, the whole idea of retribution would have more teeth imo.