Quis custodiet ipsos custodes? In this case the SEC. Failing that I suspect that the I.R.S is lining up for a bite too. The fact that they are also pursuing a civil case alongside this suggests that they have a strong enough evidentiery case to be interested in recovering the money even if the guy sees no jail time. (Standard disclaimer - innocent unless and until proven guilty etc)
The civil case was quite a while ago; the news is the criminal case.