There's a difference between the Board of Directors accusing their CEO of wrongdoing, and a ex-Director doing the same thing on a personal capacity. Obviously

There's a difference between the Board of Directors accusing their CEO of wrongdoing, and a ex-Director doing the same thing on a personal capacity. Obviously the Board has access to legal advice (and probably would risk trouble if they ignored it since they have additional fiduciary duties as Board members), but Toner probably doesn't retain a lawyer for this kind of stuff and when one doesn't have an official position they generally have fewer legal liabilities to worry about.