There's the problem......First, in a settlement there is no finding of guilt. Of course Guilt is a term used in criminal cases and this was a civil case so the term is being misused. If the case had gone to trial and JBI had lost there would have been a finding of liability by the court.
But since the case never went to court there was never a presentation of the evidence. There were allegations made by the SEC but those allegations were never tested in a court so the validity of them has never been established.
Second the language in the settlement is language that the SEC routinely uses. The SEC CHOSE to settle. It did not have to settle. The SEC didn't get anything remotely close to what was proposed in the case filing.
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