I still think the intent was to try to hold onto this information as long as possible and make it through drilling. It is hard for me to believe they were issuing CDs and billions of shares of stock without disclosing this sooner. I think this is the most egregious lack of disclosure thus far.
I don't think they wanted to disclose it even now. I think with the lien being filed, with the IRS breathing down their neck and with their auditors becoming aware of this they had no choice. Honestly I don't how they got away with it this long.