I thought that was already the case. You are kidding me. No charges for misconduct at this time?
As I understand the situation, the North Carolina bar can discipline him, but no criminal charges can be brought under existing law. The worst that can happen is that his license can be taken away. Whether the Bar will have what it takes to do that, I have no idea. He could get off with nothing more than a reprimand.
(I hope I have this right, law is not my field by many miles.)