Illegal shares in the market are illegal shares in the market. They must be removed.
Based on precedent, the SEC disagrees with you. They'd rather have that disgorgement money than the shares to be removed from the market. Right or wrong, that's the way it is.
Will the SEC step in here similar to how they did w/ BCIT? LOL...The SEC will simply continue to do nothing but provide silly litigation, slap on the wrist penalties, but most importantly stream porn on their office computers! In my opinion...