With all due respect, the SEC investigation can't be over yet.
The order of events should be IMO.
SEC completes investigation with no further SPNG action required. This means the 10K from 5/31/2008 accepted.
SPNG files the 5/31/2009 10K SPNG files the 8/30/09 10Q SPNG gets the market maker to apply for the OTC or SPNG begins trading as an official pink without caveat warning