Kevin is going to end up being charged criminally with this. As an example I will relate this factual event:
Less than 20 years ago we had a councilman for the city of Sterling Heights, Mi who worked in a manufacturing facility as his day job. He made a bunch of keychains with Detroit Red Wings logos on the side at work and sold them to friends. There was not a lot of money involved, and everyone got their product. He might have been trying to work up to a larger scale of distribution when he got found out but we do not know that as fact. Well, he got charged with a felony. He lost his job at the shop, and got kicked off of the city council. He ended up taking a plea to a misdemeanor with a lot of probation involved to stay out of jail. The "criminal intent" required to charge him with the felony was simply the fact that he did NOT have a license and knew it, but took people's money for the product.
Kevin is WAY past this stage. His simple denial via electronic media of not having his licensing when confronted about it is enough proof of "intent" for a criminal charge of fraud. He has violations for interstate financial transactions for the purpose of committing fraud. And there are a whole slew of other criminal charges that would result from using an electronic device, computer etc for the purpose of committing fraud. And of course....we do have victims. Even if everyone were to get their cash back tomorrow he is screwed.
If indeed he does not have licensing there is nothing he can do at this point to avoid a criminal charge unless he can convince Fox to not make a complaint, and give everyone back their funds. Otherwise the only way to guarantee he will not be charged with a criminal offense is if he produces evidence that he has licensing and Fox agrees that they finally found it in their records.
This will be a long process of investigation for the authorities. They will want to make sure they have all their ducks in a row before they proceed with authorizing criminal warrants. I feel sorry for all of you who got sucked into this and its going to be a long ride before its over.