I am about as certain as I can be that the SEC is already investigating. Once the judge determined the IT claims were colorable, they had no choice. And remember that the UST is a DOJ official, so the DOJ has got be looking at this as well.
There is no one way they can just look the other way. SEC brings civil cases (carrying the possibility of civil monetary penalties but not jail time), the DOJ brings criminal charges (carrying the possibility of both monetary criminal penalties and jail time). However, even where the SEC has brought a civil case, the DOJ has the discretion to decide not to bring a criminal case against the responsible individuals.