Indeed, Colin. Serving someone with an indictment in a criminal case isn't a slam dunk by any means. The FTC doesn't like to go to court, they like settlements, regardless of the guilt or innocence of the parties they've shined their little red laser light on in the process.
There are two acronyms that one simply doesn't mess with in the states. One is the FTC, the other is the IRS. Even before the Patriot Act and all the other legislation for denying due process in investigations, convening a grand jury would almost always result in an indictment for the allegedly guilty party, no matter what court system they're going to be tried in later.
However, it's probably easier to be on trial for murder and prove reasonable doubt than it is to utilize whatever assets weren't frozen in the sweep to get competent counsel with experience in these matters. First, there aren't really any precedents in a lot of the matters concerning the internet, and the federal, state and locals aren't always looking to set one, since that's a sword that can cut both ways, especially when you are relying on 12 good men and women that might not have a computer or might be more computer savvy than the prosecution or perhaps even the defense.
Add a slow appeals process which can swing either way and frankly, you just don't know how it will turn out. Look at COPA. A magic Eight Ball like we had as kids could have given you just as good an answer to how that would end up when it started years ago.
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