I still wouldn't call him a scammer as at least his intentions seem right.
It is pointless to judge intentions. Just facts matters. And the facts are that a breach of the contract already happened.
You are right, contract has been already breached and such a behavior from mining security owner is not only dishonorable but also has its consequences and liabilities for investors.
However, how do you think putting a scammer tag on moparguy528 would help to reimburse investors money? Would it help at all to reach optimal solution on liquidating FPGAMINING?