Still just an employee. As much as I'd like for Josh to put on his big boy orange jumpsuit, he appears to have no ownership in the company and thus his liability is minimal. Fancy title means little. He had no authority to do anything.
I can't find it right now, but someone with inside knowledge here on the forums stated that not everyone that had ownership in the company was charged, and then went on to state Josh was not charged in the same post. I am assuming he was alluding to at the very least Josh having at least a small ownership percentage.. he does seem pretty high up in the company.