The situation where the sec or doj or anybody else selectively applies laws to promoters only and small relatively defenseless promoters at that-

while allowing the big boys to get off scot free,as the author of Predator nation noted on a recent Charlie Rose program (none of the big boys whose fraudulent practices contributed to the great recession and defrauded 10's of millions have been charged and its said they never will be because the govt is afraid of their money/army of lawyers so the govt goes after the small guys for much smaller infractions that affected far fewer people instead )-

and failure to apply the same standards to demoters constitutionally violates the 14th amendment to the constitution as follows (from wikipedia as usual so everybody can verify it):. ^{[ 1 ]}

Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness . This clause has been used to make most of the Bill of Rights applicable to the states , as well as to recognize substantive and procedural rights.

Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction

And as you say improper conduct by insiders-violating their own insider rules in collusion w those working to bring cwrn's stock price down to cover for an alleged hedge funds illegal naked shorting-taints the whole process-and could lend itself to multiple defenses.