"Nobody will ever be able to prove JBI is a scam"
Yes, they will. Discovery will show that a large number of deliberate lies were told in order to sell shares, and that numerous Securities Law violations and other felonies were committed by John Bordynuik and his accomplices.
It'll be like pinning the tail on a very large donkey in a floodlit room.
"It is difficult to get a man to understand something, when his salary depends upon his not understanding it."
Upton Sinclair
"Nobody ever went broke underestimating the intelligence of the American public."
H. L. Mencken