One of the things I said in my post is that "...proceedings should be commenced toward the stock beneficiaries who illegally profited from the sale of unregistered (SpongeTech) shares..."
If so, then I don't know how you can say "ALL shareholders who were UNJUSTLY ENRICHED by issuance of an ILLEGAL DIVIDEND are subject to a clawback of the unjust enrichment they received. This does not require the recipient to be 'at fault'..."
Now, I know we are talking about two different things (illegal dividends vs the sale of unregistered shares). But, both acts result in unjust enrichment, regardless of scienter.
There is no reason why the SEC should not initiate proceedings against the stock beneficiaries who received and sold unregistered shares of SpongeTech stock. Unless...there is a problem with the actual registration status of the shares that were sold. That's one of the reasons why I am patiently awaiting the results of the litigation against SpongeTech's lawyers.