I honestly do not think there is any criminal element or any risk for the criminal prosecution... That is very unlikely.
As we already discussed - tax fraud (which is a criminal offense) requires both:
•a tax due and owing; and
Non reporting without fraudulent intent is NOT a criminal action.
The IRS is a very large and very bureaucratic organization - it may not be happy or not happy - so do not even try to make it happy.
Your purpose - to stay in compliance
with the reporting requirements.
So far your reporting requirements for 2012 are satisfied.
As you investigated - your reporting requirements are also satisfied for 2011 as you are not required to file your tax return and form 8938.
However - you did not comply with FBAR reporting requirements for 2010. Your choices are:
-- to file late reporting asking to abate any possible penalty as there is no tax liability and you are trying to comply as soon as you learned about these requirements, or
-- not to comply in hope that the IRS will never come back, but if they will - you would not be able to say that you had not know about filing requirements.
That is up to you what option to choose.