It's not, stop the fear mongering. Every, and I mean every underwriter in the US, has some kind of charges from the SEC in the past. You can find a mountain of charges against Goldman and Morgan Stanley and so on.
The problem we have is that the offering isn't priced yet. I don't know why they would do announce an offering without it being priced. It makes no sense and no company ever does that, except POET which has done it twice.