I don't have an answer to that question for you, I only have the story as posted on the SEC site. They feel it's different, so I don't guess anything will be accomplished at this point by being critical of the SEC in this matter. I guess you could email the SEC and ask them, as they are the ones that would have the definitive answer. I don't think they were just "picking on" him though, it seems they usually know what they are doing when it comes to prosecuting someone.