With the SEC investigating them and potential civil and criminal wrong doing on the horizon sure.
Put it like this:
Would a government agency suspecting a business entity to have engaged in fraud allow them to potentially defraud more people? The only serious answer is no they wouldn't. So they can make CYDY wait until the outcome of the investigations before allowing them to offer more shares to the public.
Shares they need to get out there to stay afloat. Just like the lawsuit with Amarex they need to pan out for the 80 million to keep the company going.