Ok so they didn't give people a fair shake. But fraud is when you do something that's false, and it seems to me that on these shells FINRA approved the documents to give them a symbol. If something was false it was their great PRs, but that's not why the SEC attacked them.
Not saying the company wasn't a sham, or that the divies weren't a sham, but then you go after the falsity, not just say they avoided the registration requirements by issuing divies.