I think Bordynuik's only consideration is how to optimize the dollars in his personal bank account. For him, it's a matter of when to disgorge his ill-gotten gains and agree to not being an officer or director for some number of years: before, or after a trial?
It may be that collecting his salary each month in a drawn out trial (assuming his legal fees are paid for by JBI shareholders), that ends in favor of the SEC, will still be better for his personal bank account than settling with the SEC now.
I doubt he could care less about whether class action suits bury JBI after he's gone. It's probably equally problematic for his personal wealth whether he admits to guilt and settles now with the SEC, or is found guilty in a trial. Maybe someone who is a lawyer could speak to this.
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