The SEC interpretations say it and so do several Federal court cases. That is how US Federal Law works. The Constitution is not that long or detailed, but the interpretations of the intent of the Constitution is what actually forms the basis of US law.
People have gone to prison for trading while in possession of such undisclosed information. And the claim that the Company intentionally delayed filing the 10-K to drive the price down to repurchase shares cheaper is obvious stock manipulation, which is always fraudulent.
But it is all a moot point, anyway. There are no share repurchases. It is illegal under Delaware law, and the Company is also insolvent and flat-broke.