Even assuming he wasn't lying about the proportion of payments, those 2/3rds were credit card payments, which means that most of the customers could've got their money back via chargebacks. Now when that happens, Tom's credit card processor is forced to pay out from their own funds and get the money back from Tom, meaning they'd lose more than enough money to justify legal action against him. They also have his name, address and ID. Bitcoin customers tend to be a lot more reluctant to sue and a lot less capable of doing so.