Yes, he is. Please note, all I know what I can hear from law enforcement by requesting information via official channels and they don't say a lot. Apparently, the issue with the Bitbay case is China. Since the main scammer was the Bter CEO there are interactions with the Chinese, the communication with the Chinese prosecutors, official translations, correcting the translation, etc. The Moolah scammer Ryan Kennedy is already in prison and IMHO it is just matter of time until all the scammers will face justice.

Btw, in my opinion, Bob's case is the most difficult to prosecute. Bob has never ever denied that he is a P&D marketer. He has been admitting openly that his business is to buy coins, hype them and then sell them. He was never the developer of any coins (as far as I know, but I could be wrong). Not to mention, Bob never ever could make a carrier in this field without the low life scammer developers who scam people instead of getting a job (see our IOTA CfB). Having said that, if David Zimbeck can prove (I understand you have affiliation with David) that he was hired by Bob then Bob is in a bigger trouble.