Beside the point. Charges of fraud are serious when it comes to business and the potential to sign contracts. A public entity that was interested in the product would do further research into ECDC and the CEO. What they would find would be information that would at a minimum reflect poorly on the company and the CEO. The amount of debt, the problems with ECDC not paying its bills, the lack of substantial contracts and the shady past of the CEO are all deal killers. You know this is true and just won't admit to it.
The statement you make has NO proof. The charges are listed and also in AN SEC official filing. You don't get charged and convicted without any reason. Without sufficient evidence charges and a court date are tough to get. Charged and then released without a trial is different. If Kay got some changes in an appeal maybe but there is no proof. Also He has other charges and personal financial issues listed here on the board. So please do not make it sound like he was at the wrong place at the wrong time.
He did the wrong thing and got caught. If he slipped later on some technicality which there is no proof of doesn't mean he wasn't doing things that weren't illegal.
Al of these items go to character or lack there of in this case.