Rather than a settlement, the chances are far greater that the SEC will file an amended complaint against JBI and Bordynuik, nailing them for additional acts of securities fraud.
there is no need to be declared innocent or guilty. Thed court finds for the plaintiff or for the defendant with regards to the requested action - fines, injunctions and the like. Typically guilt or innocence is not determined.
My point was it's a regulatory issue that falls under preponderasnce of issue and granting or denying a plaintiff's wishes.
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