And if he didn't run EVERYTHING through legal and something went wrong, then some would call him incompetent or a crook. There's no winning trying to make everyone happy. So a good CEO does what they believe is best for the company, and just let haters hate.
You do understand that if they are in fact "under-capitalized" then the stock is worthless, right? If they can't service their contracts and need to raise capital then they'll do a reverse split and then dilute their shares.