Vitalik just proposed a solution to the crisis. If the Ethereum community accepts that, it is the responsibility of the community. The community will go to the prison.
Who was doing the promotion that caused the $168m to blindly invest? Who were those n00bs entrusting their faith in?
These are the issues that matter in securities law.
So all the scam coin creators should go to jail. But everyday, there are numerous scam coins created to scam people.