They got the money to pay the SEC... They are also still in business with share holder money. Do they get a free pass? I bet there are lawyers that will take this case as a class action lawsuit, which rarely do lawyers get paid upfront in class action suits.
What would be more interesting would be to go after the Convertible Debt Holders for their role in perpetuating a scheme to defraud shareholders. They obviously are not innocent bystanders and it would be fun to watch them sweat!