Actually, what the government said was that there isn't enough evidence to make them (the government) confident they could get a conviction in front of a jury, not that they think what he's accused of isn't a crime.
But NASCAR's problem remains. Maybe they "jumped the gun" in the wake of all the NFL embarrassment, but "jump the gun" they apparently did. And they are such expert bureaucrats! I love the statement they released, saying, basically, "Hey Kurt already agreed to 'The Path To Redemption', so he's stuck with it, but, his 'non indictment' may, possibly, maybe, speed up his 'path' ... ", blah, blah, blah... No really?