It's Monday, 2pm EST, BitInstant's BTC-e reserves are $5 USD, and everything still looks defunct. People are posting about failed transactions that haven't been resolved in weeks.
I don't think BitInstant is scamming, because they did resolve a bunch of other transactions when this whole mess started, but something just doesn't look good to me.
There might be more delays to come.
I think failing to take their site offline while they are unable to make transactions counts easily as scamming.
People are forced to fight for their money which they have already given to them.
Its sad.