I am thinking more along the lines of when the government like the SEC in this instance is not turning over everything required... when the government drags its heels, which is a more and more commonplace move with the defendants having to file motions for evidence, I see as a problem. Yes, the case could be dismissed and it could even be dismissed with prejudice to prevent the government from going after them again for the original thing but again its just a longer and more drawn-out process.