Your question would be better answered by a good securities attorney. But, if you are trying to establish the position that there was no fraud involved, I'd say you are on very uncertain ground. Since i am probably the only one here who has sued and beaten an OTC company with a very similar story as PFSD, (and, in addition to proving fraud, also obtained an admission of embezzlement along the way) my advice to you would be to not be so certain as to what a really good securities lawyer, intimately familiar with securities laws and legal precedent may be aware of that would never ever, even cross the mind of an astute investor.
I am not, however, saying that there was fraud. But, I wouldn't be so sure there wasn't.
"Libenter homines id quod volunt credunt"