Hard to tell as he flip flops on things more than any government person ever seen - but I think his position has been it was his advanced insight that made it so he always understood what SPNG was (a stock fraud, fronted by an essentially fake company with an advertising department), just he wouldn't get caught holding an empty bag.
I guess that's why he says he bought low and sold higher several times.
I guess, as he is an expert (and hence can't be expected to make a wrong investment choice), he felt that even after the publicity at all sites, the SEC actions, the stops and notices, etc, there was more time (although it would have to be soon) to go short and collect that way too.
His ace in the hole.....his years of high level enforcement actions on things like this he knew he could use to get reimbursement from others for making several good ones followed by one bad investment decision.