shorting is not illegal, the uptick rule after the elimination of 1/8 was easy to overcome, by putting a buy order 0.01 cent over market.
People were still able to achieve a "short" position, or just short an index/etf.
Manipulation, as far as the SEC is concerned, is only when someone falsely lowers or raises a price (via rumors, etc) such that they can unload or load up.
So, they can only go after naked short sellers and manipulators.
Shorting brings balance to the market.
g