It is a Civil case, NOT criminal much as the shorts would like to believe. "Civil cases are generally brought by private individuals or corporations seeking to collect money owed or monetary damages. A criminal case is brought by the local, state or federal government in response to a suspected violation of law and seeks a fine, a jail sentence or both."
Why are you saying "much as the shorts would like to believe", as if a criminal case would be more threatening to the stock? Civil cases (lawsuits) are generally WORSE from a shareholder perspective than criminal cases. Criminal cases usually go after high level executives to hold them accountable. Charging the company itself with a criminal offense is rare, and less likely to result in financial damages. Civil cases go straight for the company's coffers.