Saying "60% pre-mined" doesn't really make sense without more context since the supply changes over time and currently has no cap. There was 60 million eth pre-mined for the initial sale (and another 12 million for the devs). Which, all in, makes it approx 64% of today's supply.

they're only fine because they did it cleverly via a Swiss Foundation if they did it via US company, they would be hit with similar lawsuit