Finding out about basic facts of issuance after investing because it was not mentioned in the prospectus, is a securities law violation of the issuer, not of the investor. Please go learn some basic facts about securities law.

An instamine is a premine and thus they lose all protections against securities law that a decentralized distribution would potentially give them, i.e. where no issuer is in control and thus no issuer exists to provide a prospectus.

Add the fact of the masternode scheme protocol which is paying coins to the developer, so thus there is a centralized party that investors are depending on for their expectations of future value. Thus this development group must issue a factual prospectus. The Dash website is a prospectus and makes certain statements of fact, which omit certain key facts.

Had the tokens not been distributed for investment, perhaps one could argue this token is like a game token and is not a security that investors are basing expectations. But we can see from the linked audio upthread, that Evan is actively planing incentives (such as offering DRK to the centralized exchange, which he asserts can be paid from the funds voted on, so he implies he can control the vote) to make DRK available in multiple centralized exchanges where investors have funds stored for trading. So obviously he is targeting investors.