They took their merry time stopping/investigating Pirate, even though that case was way simpler. A US guy running an obvious ponzi. It doesnt get any more clear cut than that. Yet it took the SEC a year before they pressed charges.
Unthinkable.
If those papers promise you a future profit or profit sharing agreement, and these papers can be traded, its a security all right and SEC territory.
It may be possible the SEC doesnt think its worth making a case over this yet, if they think its too small and no real damage is being done. Thats why they may limit themselves to telling Burnside & Co to just stop doing what they are doing. But it would surprise me they wouldnt take the opportunity to make an example of this.
You dont really believe that, do you?