I think it is more likely that GETFUGU pulled that part about the investigation out of a hat, stating that they knew Spongetech was under investigation.
the 8k was written in such haste and anger that I am sure they did not take the time to go back and look at the time line and see that their PR to cancel the deal came out the day before (sept 24) the SPNG 8K came out (sept 25th) that included the SEC investigation in it.
That one seems like a more plausable possibility to me. but that is just my opinion.