It IS NOT about naked shorting at all! The unregistered shares apparently existed at the hedge fund, they just weren't delivered within the prescribed 8 days which should have resulted in the brokerage filing FTDs... but they didn't!
Hence why the brokerage is being charged, not the selling hedge fund!
The selling hedge fund isn't even named in the case!
This case is about a brokerage failing to follow procedure, not naked short selling!