Note that the SEC's is merely a civil action. The federal criminal indictment hasn't been unsealed yet (but should be soon, today [0]). [0] https://apnews.com/article/technology-business-bahamas-unite... ( "We expect to move to unseal the indictment in the morning and will have more to say at that time" )
The SEC can only bring civil action, for those wondering why it's a civil action.