The loophole is huge
I forget the details on the limitation but it goes something like shares from the PIPE can't be used to cover and you can't do any short within 5 days or so of the draw.
5 days before a draw is a ridiculously short period of time and you can short against the box or short sell against shares given as a signing bonus or discount which technically isn't shorting at all.
In other words if the company gives you an intial 5 million shares you sell those to fund the draws and then the PIPE shares replenish the 5 million shares you sold. Fusion used to do that.
It's silly how ridiculously easy they make it for these scams to circumvent the intent of the rules
#1). You have money. Other people want it. All of it!
#2). You want easy money. So does everybody else. They'll get it, too....yours! (and all of it!)
#3). You tell yourself you're smart. You won't lose your money. Fact: Other people are smarter,