"investment practices in the 90's but they were dismissed or settled"
If it was settled as mentioned (I haven't reviewed the case myself) look at it this way. If he was in trouble before you can bet the SEC will have their eyes on him closely (they get flagged), and the SEC is watching companies and have been halting a lot of penny stocks recently (yes OTC Stocks). Criminal charges will be a lot more harsh today than in the 90's.
The way I look at it, I'm sure he's playing the right cards in todays times. I'm sure he's not willing to retire behind bars..
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