We can agree to disagree. There are clearly situations where scam refers to "unfair", and not necessarily illegal. You still haven't shown me which of Evan's actions were illegal.
We'd have to prove without a doubt that the intent was to decieve. For this we have evidence such as the release of the coin before it's intended launch date, releasing it on linux only, slicing the max coin supply, and subsequent block reward. He'd probably play the defense that it was all accidental, but then why did he cut the max coin supply, and not relaunch the coin? After all it was only 2 days, and there were few miners as the launch was linux-only.
I'd say it'd be leaning on it being a scam, especially since Evan was the main developer at the time(still is), and he without a doubt recieved a large portion of Dash 'coins' from the instamine/premine.
Then we have the issue of if Dash was a decentralized currency at the time at all, as from what I see, Dash's developer Vertoe has come out and stated that Dash is centralized, if it is that'd put it into another ballpark altogether.