The logic of the indictment: Some users may have used SW’s application and server for “unlawful activity” and therefore, SW was involved in the unlawful activity.
If this is how it's argued in court, then all banks are in the same category since they accept funds from criminals. It would also open companies like PayPal and Venmo for prosecution. Any judgment on this case will have to be narrow in scope or else it threatens the legacy banking system too. They'll almost certainly focus on the "unlicensed" aspect.