I'd argue that a good lawyer would say otherwise. It could potentially show that only certain branches of the government have jurisdiction over cases like this which could nix anything from the SEC.
Don't forget that GAW also took cash payments for their 'hashlets' as well as their Paycoin 'token', so the issue of bitcoin being considered as money is irrelevant.
Do not fud. They did not except paycoin because it was too valuable. Only bitcoin and fiat is expected.