Not sure what you mean -- I think he's petitioning to try to AVOID having that day in court.
Here's more:
Although it is not directly relevant to Pensley, some oversight panel might want to ask why the Sichenzia Firm hasn’t been named, nor the auditor which never checked inventory or shipping documents nor the stock transfer agent who blindly accepted hundreds of opinions without lifting the phone to inquire as to why it was receiving opinions with electronic signatures directly from Spongetech, often times several each week, instead of from the attorney purportedly writing the opinion. These organizations and their employees also seem to be given a curious pass here. If the SEC concluded these organizations are not culpable, then Pensley, who provided less in the way of services, received less in the way of compensation, ceased a professional relationship with them before the scheme became visible, and turned in the miscreants immediately upon discovery of their treachery, cannot be culpable.
I have no dog in this hunt, but I sure would like to understand more about where the money went and why some seem to be holding a get out of jail free card.