by attempting to influence what potential investors do with their money that he has received, i'd say yes. he has already received the money so like any asset which gets regulated by law, it surely is the case that he must not conduct such an aggressive stance. He should be more inclined to follow normal regulations and persistently advise people that their investments may be at risk.

whether that in itself is a legal matter or not, remains to be seen but i'd say that it would certainly be a discussion which could take place in a court.