I think you have the wrong company. There is no mention of this Howard Appel "mastermind of a pennystock scheme" anywhere at XBOR. You probably have confused this company with another. There is no investigation of XBOR anywhere in their public filings.
Nobody is promoting anything here that I can see. Some are obviously laughing all the way to the bank on 5x and 3x moves while others are missing out claiming "scam"!!!