"Reg FD violations are almost never prosecuted because the regulation provides a simple remedy: promptly filing a Form 8-K to render the selective disclosure non-selective"
my point was simply to draw a distinction between civil and criminal prosecutorial action as relates to reg FD. that is, when such violations are NOT remedied they still don't get prosecuted criminally. i suspect the fact they rarely get prosecuted by the SEC (civilly) is because of what you just said