That is not a crime, especially since they were continuing to work on it. The FDA gave them "Pre-Emergency Use Authorization" status. The FDA did not tell Arrayit to cease offering their COVID-19 test either, and as far as we know, still hasn't.
Under form 15 guidelines, Arrayit was required to cease communication with shareholders. Which they have done. Even when Arrayit abides by the guidelines, some look to find fault.