He actually can't do most of this.
Whether he's a scam or not, he can't distribute coins to phase 2 users because then they could get coins and get the refund of their BTC so fastest way to settle this would be to only distribute phase 1, get on an exchange with a good price and phase 2 users would demand that sebastianju release the BTC to Wasserman so they could get their XPO.
He can write the whitepaper, commit code, and pay bounties though
Why can't Opair release all phase 2 XPO to SJ, as escrow? It's what happens in real estate nowadays, isn't it?