I have zero doubt Factom is 100% in the clear and this is a non-event.
I have exposed the facts. Of course the primary culprit is bnktothefuture.
But if you have company A making a share sale through bank B and bank B is acting illegally to sell the shares, or just even breaking (without maliciousness) some rules, shouldn't you expect at least apologies, BOTH from B AND A
(edit:) one more point.
do you REALLY believe NOBODY from Factom was at least interested to check during the sale how much was raised by bnktothefuture, maybe not an daily basis (though i certainly would if i was Factom's CEO !). When checking the figures, i would quickly figure out the actual figure and the one on bnktothefuture site had a material (1M USD) difference... If they knew and didn't intervene, thats an offense I believe. And its very hard to believe nobody knew on their side. see ? No accusation without proof, but for me, this is very fishy.