Why not, if he can get away with it.  Most here seem pretty convinced by this "unit was priced in USD therefore refunds are USD equiv" line of "logic".

So Tom can do just what you said, and keep his "legitimacy" amongst the community.   Never mind that Tom never actually converted the BTC to USD but is still holding it, and is profiting from our money due to this scam.  Oh right, it wasn't a scam, Tom tried hard and had bad luck is all.  Sheesh.  

Cablepair, you still owe me 52.758 BTC which you can send to 1CVmb947c2kGmQcQTjJFWAxMGRmEuLnnfW. Either way, sooner or later, I will get it back even if I have to personally visit you and collect it myself.  Trust me, I won't drop it.  Until you pay me back and everyone else, you are nothing but a scammer and a thief.  You and all the morons defending your theft and the lame USD equivalent excuse are a what's wrong with bitcoin.