This is already very old. The SEC sent a desist letter to Bitfunder (months ago). He acted and they didn't prosecute Ukyo/Jon.

He would have been a huge scalp if that's what they were after - they are not, they are out to protect US investors.

So clearly they have no intention of prosecuting this industry unless instructions and guidance are ignored.

So nothing to worry about, if there was, ACtM would be shut down already.