That is correct jkm. As I said in my first post, the TA said there could be a "million reasons" (his words, not mine) for being on the list, and it could be for as little as one person sending in a complaint to the SEC.
The only concerning thing is that we've been on it since May of 2010 which predates the lawsuit (so we know that it's not because of the lawsuit... or at least not exclusively because of the lawsuit), and MMTE hasn't fixed the problem yet.
Clavis vitae est scientia temperata sapientia.