Even if we want to assume that is the case, it is their right to want to rescind on the deal with Spongetech. So pay the money back. What is the big deal? Pay it back, move on. They not only are not paying it but they are slandering the company in the process, the SEC hasn't confirmed any of the allegations and its not their place to mention details of the investigation when the details are not publicly disclosed.
And something like the opinion letter fiasco wouldnt be mentioned to GetFugu even if the SEC had contacted them to ask some questions regarding their relationship with SPNG. So they have no insight to that information.
Not very smart on their behalf.
Think before you speak is what my mother always taught me.