There seems to be a lot of confusion in here, so let me make at least this point clear:
The SEC is a civil enforcement agency, it does not have the power to bring criminal charges. That's why Shavers was never arrested for his actions related to his bitcoin investment scam. At the federal level, only the US Attorney's office can bring (non-military) criminal actions against an individual.
it doesn't matter who has the power to arrest, bring charges, judge, incarcerate, or exterminate; the community wants swift action not procrastination.
It matters in determining who the community needs to put pressure on if it wants a particular result. You can say it doesn't matter who does what and you just want it done, but that statement isn't productive. No matter how much you yell at McDonalds, they're never going to make you Whopper.
Mt Gox screwed up in multiple ways, over multiple jurisdictions, in many countries as such complaints should be made to ALL.
I'm told Mark has a fraud issue that predates his gox association, if this impacts his civil bankruptcy plea AND concern USA, Japanese, and French authorities concerning civil and criminal matters all of them should be aware of it, let each one decide how to use the intelligence. If you want to report it to Burger King and McDonalds that's up to you.