The SEC has eliminated grandfathering, but they haven't. Many stocks were "grandfathered", i.e. any naked shorts that occurred before January 5, 2005, were forgiven.
It appears that was resinded 6/13, but they lied. You could tell when Cox moved his lips. What they did was resind grandfathering with stocks on the SHO list, which JSDA is one. So, what you may be looking at is some clearing firms cleaning up messes. Obviously, JSDA caught a lot of guys short, naked short, and they've always pressed the bet.
As an aside , a lot of naked shorted stocks will be manipulated to death to keep them off SHO, so the grandfathers will live.
I'd watch Penson and IB, clearing firms, for the real source of their problems. Is it fails they are stuck with?