Devils Advocate:
The company is registered in Belize (I believe) which solves most of the problems of offering shares in a company. If those shares become publicly tradable then the US imposes it's own laws (rightly or wrongly) which prohibit trading with US citizens. In that respect ActM might need to limit access to share trading with US citizens.
Don't let your confirmation bias lead you - this has to be a consideration for ActM, weather it turns out to be an issue or not.
The fact that Ken egistered a company in Belize does not change the fact that ken sold his unregistered securities to US persons. Fact.
Even a full buyback won't absolve him any more than returning the money stolen from a bank would absolve a bank robber. Fact.
The law was already broken, the only thing to be done now is wait & see if Ken's daring do was interesting enough for the SEC to go after. If Ken didn't lie about the SEC contacting Jon about Active Mining, my guess is Ken should get a love letter from them sometime soon.