Yes it is. The SEC files will be open to the lawyers (FOIA) who are suing these con men and any admission of guilt through settlement will make their job a breeze.
"SEC investigations are often a precursor to shareholders’ class action lawsuits. In that regard, regulated entities settling SEC enforcement actions must consider the impact of any such settlements on related investigations and class action suits. Several circuit courts have held that settled enforcement actions may be admissible to demonstrate, among others, scienter. The Commission’s new position is likely to encourage the plaintiffs’ bar to pursue this argument with renewed vigor."
Knowingly. Having the requisite knowledge of the wrongness/illegality of an act or conduct; guilty knowledge; knowing the impropriety/illegality associated with doing certain acts. This is often an element of liability or guilt that must be proven before a judgement or conviction can be obtained.A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of certain facts. He may pass a counterfeit coin, when he is ignorant of its being counterfeit, and is guilty of no offence; but if he knew the coin to be counterfeit, which is called the scienter, he is guilty of passing counterfeit money. A man who keeps an animal which injures some person, or his property, is answerable for damages, or in some cases he may be indicted if he had a knowledge of such animal's propensity to do injury. In this respect the civil law agrees with our own. "
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