In my opinion it's better to try to understand his situation, try to re-establish communication, and work with him on a plan that allows him to refund everyone.
Unfortunately, Tom communicates only with new users, that just appear, get a full refund and then maybe disapear. Things start to change when the first long term users start to post their refund transactions. However I don't think there will be any BTC refund without someone to convince Tom that he cannot keep the scammed bitcoins.