Yes the SEC case is already factored in. And it won't become un-factored until the settlement is announced and the fairly insignificant fine is written in stone. I think the fine will be somewhere below $150,000 and probably much lower in the range of $25,000 judging by past cases. In fact using that metric, it could be zero.
Fear, uncertainty, and doubt are keeping us here. This is how it works.
But there is much fear from some that this is going to work and be successful as is evidenced by the unrelenting campaign to constantly inject more FUD.
This isn't for the faint of heart.