SEC document doesn't even accuse KB or the company of illegal insider trading or stock manipulation
these proceedings are not about trading. they are about the suspension. as the sec has said in it's bulletins, an investigation may still be ongoing after the suspension is over. any charges about illegal trading would come as a "subsequent enforcement action". these proceedings only deal with the suspension notice itself and that is how the sec answered on the 20th.
Doesn't have to. All it has to do is prove that KB made false and misleading statements in his PRs. That is plenty to justify the trading suspension, and that's all the SEC need to accomplish in this specific action. And it looks like Berman has given them a free pass there, with his manifestly contradictory statements, semantic weaseling notwithstanding.
Illegal insider trading or stock manipulation are much more serious allegations. Much harder to prove. Much more difficult to get evidence of. They may form the basis of ongoing investigations and potentially subsequent enforcement actions. I would be surprised if they didn't. But the timeframe of an SEC suspension appeals process is probably not something the SEC would want to constrain themselves to in matters of such complexity. (This action ends July, come what may!)
Mention of the Access health case certainly makes it clear that the SEC consider Berman is not 'on the level' so to speak.