Yes, and taken further...
If the SEC does not have the 10K for fiscal YE 5-31-2009 (re: no record of filing, yada, yada), as most believe, then the SEC hasn't taken any action on any information formally contained within that report. This sounds elementary, and it actually is, but some on here seem to (want to) believe the SEC has already initiated actions based on information contained within the 10K. Especially comments regarding the sales, revenues, earnings, and taxes(?). Ain't happened yet. Newspaper reports are only that...newspaper reports. Dewey didn't beat Truman.
Patience! The gallows can be put together quickly enough, if warranted...