My guess is an early PIPEr who wasn't happy that he just saw the entire net asset base of his new investment vanish in a restatement.
Talk about a "leap of faith" - assUming that a third party needed to write an SEC lawsuit and THEN the SEC lied about it! ROFLMAO. About as believable as little green men trying to bankrupt JBII so they can take over Earth. Or for that matter, a magic catalyst that can make otherwise unprofitable pyrolysis, profitable. Too funny.
"Well, true that a concerned citizen probably reported the restatement......."
I doubt that was necessary. Obviously the SEC can't and doesn't review every filing, but I'd be VERY surprised if they don't review each and every Form 8-K that is filed for this reason:
The SEC doesn't need anyone to bring these to their attention. For frame of reference, there have been 128 Item 4.02's filed so far this year.....less than 2 a day. It's highly unlikely that any have gone unread.