Does not matter. Selling your shares is not illegal. Brokering a sale between a buyer and a seller is illegal if you do not have a securities license.
Creating a story of impending wealth if you own these shares is what takes this from a civil violation to a federal criminal violation.
ThingThong will be asked in a deposition if she was aware of what Marco was doing with her shares. If she was aware of his previous cease and desist letters, if she was helping Marco make up the stories of impending wealth if you owned these shares.
Marco could face additional wire fraud charges. What people forget is that Marco's case was still pending from the first time around.