

without fraud being profitable.
Actually… scratch that.
With this fine, it actually was profitable. Interest is always lower than what someone could actually earn on the funds if they just dropped it into some broad market ETF, or reinvested it to commit more fraud.
Some states (not sure if this one was) tried to get an injunction against it and failed in court.
It’s possible that the state doesn’t think they have a strong enough case to win a criminal trial? (Edit assuming this was one of those states)