I don't believe there has been credible proof that BFL has a working ASIC device.  You would need someone independent (i.e. not a BFL employee, contractor, developer, etc.) to receive, inspect, and test the device.

I also find it highly unlikely that BFL is solvent, and probably poses an imminent bankruptcy risk.  Their predominant source of revenue is from taking preorders for devices that do not, and may never exist.  However, they continue to incur significant expenses: staff costs, advertising, travel, ASIC development, board development (and, apparently, re-development), etc.  Their liabilities to customers most likely exceed the cash they have on hand.  Furthermore, it is possible that when/if they do develop a device, that it will cost them more to produce than their current sales price.