if they were brazen enough to dilute they probably lied about revenue as well
it is my understanding that AS raises w/o issuing an 8-k is ok as long as the OS doesn't increase above previous AS (i might be wrong)
so if they were constantly raising the AS because the OS was expanding and not filing 8-ks then they would be in trouble with the SEC (hmmm there is an investigation going on)
why would they withhold the 10-k until the last second. the stock isnt trading so it would be a silly game. we will not be seeing the 10-k tomorrow IMO