It's up to the SEC to seek civil fines, but they can also refer the matter to the appropriate USA for criminal investigation, something they do alot more now than in the past.
CNN article I read earlier indicated that this was a civil case only and not criminal. If found guilty he would pay $1.5M (i.e. 2x what he made on the transaction).
We're only hearing one side, but it sounds pretty cut and dry. He tells someone that he knows that he can't sell the stock since he has insider info; then he calls his broker to dump all of his shares.
Also makes me think that someone in this company was out to get him by running to the SEC.