More bad news - the 4 states that filed Cease and Desist Orders against Mersky - it was enough for the President of BankCard Empire - David Mersky to shutdown the scam.
The SEC suspends companies and send them to the greys - the graveyard of OTCM stocks - the insiders aren't always prosecuted but the SEC has effectively put them out of business.
If your only defense is that Mersky wasn't prosecuted - that is weak because the scam was shutdown.