I very much hope you are correct and it was just a poorly communicated off the cuff remark attempting to sympathize with frustration and say he is up to challenge.
For what its worth I read it like this - he was saying that if he could wave a magic wand and make ACtM disappear he would. Why? Because its a failure? No. Its because of the stress and the SEC. I wouldn't be surprised if he hasn't had direct contact from them much like Burnside and Uyko. That is a seriously stressful set up right there.
Now what the comment shows us is that he ain't no quitter. This guy is the real deal, he is willing to go all they way for us even face off the SEC for strangers on a forum. We should realise his comment is most likely born from the fact that Ken could end up in a cell with other US btc mining entrepreneurs. OK in the end I don't think he would do time but he could be in jail awaiting trial for 2 years if the SEC have told him to shut up shop but his lawyers are advising him to carry on. And so could his (nephew?) Gerald. Imagine the stress on the family.
That is the reality of this for Ken. We bash away on our keyboards moaning about the lack of news and Ken is dealing with the possibility of not seeing his family for a long long time. Give the man a break. He is acting honestly, he is doing his best, he is juggling our demands against the NDA and the SEC demands. Just be sensible and get the big picture that our CEO is dealing with.
This is beyond absurd. Ken is not a child. He understood that selling unregistered shares doesn't earn honor badges. He registered his business in Belize, called it "a virtual entity," got a London mailing address. He fully realized what he was doing, at least i'd hope he did.
There are no innocents or martyrs here -- only adults who badly overestimated their ability to function on the fringes of the law.
The odds of Ken, or anyone, getting time for this are slim to none. But implying the risks he took he took for internet strangers is delusional.