He also didn't sell. Just because they did not do what he wanted, doesn't actually mean he's right. The SEC doesn't operate that way.
No doubt the persons bringing the suit that was to be dismissed, or similar such folks, made every effort to preserve their case, and the SEC may not feel that there is anything there, but they would be remiss not to look into it. The motion to dismiss, however, would be a strong reason or them not to take that very far.
That case was dismissed and this old story, is being raised again. It seems some people, are grasping for straws now.