The more I look at this the more I can't see the fault, the site claims to provide %130 when the bank has funds and it did just that.  Embedded into Ponzi is the understanding that this will not be the case for everyone.  If you played all you had then you are done, but if you've got some change playing now is viable.  We already know what happens on double-spend, the payouts are skipped for some, while later there is a pot that anyone may collect from.  It's only those that are betting their shirts who would not be able to cover the ante to keep playing.