That's a big part of it, but I think there's a bit more, at least when I think about how the cases were decided in the two other Courts of Appeal, as well as how they'll get the money to pay attorneys.
It is a low percentage chance that the Commission would rule against their own Judge on a Review. Which is one of the reasons the SEC has a Federal Court calling their system unconstitutional.
If you look at cases that have gone through a Commission Review it is a 1-2 year process which would serve BIEL well if they could get the disgorgement and penalties stayed during the Review. Then if the Commission agrees with the Judge and issues a Final Decision BIEL files the Federal Appeal.
It has to be much cheaper to file a SEC Commission Review than a Federal Appeal. The only down side I see is that there is always the chance that the Commission could determine,during the review, that Judge Elliot was too lenient and increase the penalties or sanctions.