Primary wasn't it false and misleading to say they were on track to sell 1200 kits in the first quarter when the quarter was half gone and then only sell 200 total?
The only time the SEC gets involved with false information is when it leads to profit making by illegal action or if it really pushes the stock price up.
Back in 2004, one biotech stated in a press release that their product was FDA approved to detect cancer. It was not approved to detect cancer but approved as a stain so someone looking in a microscope could see the staining.
The stock shot up about 500% and the SEC stopped trading.
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