JC, you don’t seem to be considering how the stock may have been suppressed afterward and never truly recovered. It’s struggled for the past four years, with ongoing dilution just to stay afloat. If the issue had been addressed promptly—within weeks or months—with a judge setting a reasonable penalty, the stock price might have rebounded and dilution would likely have been much lower than it is now. But it’s been four years—think it through carefully.
You fail to take into account that this statement was ONLY taking into account the effect of spoofing episodes on the stock price and does not take into account the effect of phantom share creation on the stock price whatsoever. As we know, the case against the market makers (to date) is only pursuing spoofing due to the fact proving naked short selling in court is notoriously difficult. As others have said, discovery can change that!