You trusted Nefario enough to take our money.
He never necessarily extended any trust to Nefario at all. Asset issuers don't have to extend any trust at all to the exchange. You don't have to trust someone to take someone else's money -- the person giving them the money has to trust them to do the right thing with it.
I've decided that gigavps will not get a scammer tag for this. Nefario has proven himself to be untrustworthy, so it would be unreasonable for gigavps to pay out large sums of money based entirely on Nefario's list. Requiring affidavits and proofs of identity are reasonable precautions. It's impossible to strictly follow the contract in a safe way.
You know what I find interesting, is that when Nefario breaks a contract and claims he has to because he has no other option, he gets a scammer tag. When other people face the same situation they don't get a scammer tag. Especially those that won't take responsibility for their investments.
Surely you understand that there's a difference between claiming you have no other option and actually having no other option. We know of no reason Nefario couldn't have done an orderly shutdown of GLBSE. And his prior acts with Goat show that he was acting rashly and in complete disregard for his obligations to others. Giga actually has no other option -- he never extended any trust to Nefaro/GLBSE nor did he ever agree to extend any. The contract doesn't obligate him to accept these costs and risks.