I think that even you are buying into the hype to some extent.
No such thing has been decided. All that has occured so far is the SEC has filed a complaint that disputes a legal opinion. That is all. No one is accused of fraud.
The response from Gendarme indicates that they are quite comfortable with the expressed opinion of their attorney and intend to defend it.
At this point all that exists is an accusation over a disputed opinion. Throwing the 'fraud' word around merely adds to the excitement.
The complaint specifically adresses the legal description of whether or not Gendarme is or is not an underwriter. This case will boil down to the specific definition of underwriter as called out by the various state regulations.
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