Why is it necessary or why would you want to get your money back from THIS investment if you're so down on it and convinced it's a scam? All things being equal, an investor's capital should be working in the best short or long term opportunities that they are aware of at that time.
A frugal, pragmatic, level-headed investor would find a different/better investment to recoup their losses from...while using the losses from their current investment to write off capital gains...presumably from their "better" investments.
It makes no sense to hold onto an investment that you have convinced yourself is a scam. This behavior is reflective of the investor, not the investment.