You Know I meant to ask you that question. If Tony did indeed join in on lawsuit then I would start to believe the idea that he was robbed by his brother and not part of the scam.
Obvious Tony Baloney feels slighted that he didn't profit on this P+D like his worthless brother Rick, now he is washed up.
If Tony goes the path of exposing his worthless brother he will also expose the fraud he committed as well. At this point, maybe it doesn't matter to him. IMO