Title IV
But the NYAG isn't pursuing charges under S-O. They are using the Martin Act, which is design to prevent fraud in reporting:
In plain english, If a company reports beneficial business conditions, but fails to report known information that could adversely affect valuation, then they have ommited material fact necessary to make the information not misleading.(b) COMMISSION RULES ON PRO FORMA FIGURES.—Not later than 180 days after the date of enactment of the Sarbanes-Oxley Act fo 2002, the Commission shall issue final rules providing that pro forma financial information included in any periodic or other report filed with the Commission pursuant to the securities laws, or in any public disclosure or press or other release, shall be presented in a manner that— (1) does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the pro forma financial information, in light of the circumstances under which it is presented, not misleading
But the NYAG isn't pursuing charges under S-O. They are using the Martin Act, which is design to prevent fraud in reporting:
The words ‘fraud’ and ‘fraudulent practice,’ in this connection should, therefore, be given a wide meaning so as to include all acts, although not originating in any actual evil design or contrivance to perpetrate fraud or injury upon others, which do by their tendency to deceive or mislead the purchasing public come within the purpose of the law.