Or to put it another way, just because they don't disclose what pool(s) they use, altho hardly transparent, does that on its own prove that they are scammers, as in not mining at all and running a completely fictional set up?
Well, if they know that the ROI from their mining contracts is negative, does it really matter if they are mining or not? If investors always lose money.
Yes, I think it does.
There's a big difference between customers investing in a poorly performing but real contract and being deliberately scammed by a fake mining set up.
I have no love for Genesis and have spent a lot of time telling people "don't do it" regarding cloudmining, but it would be quite a surprise if they turned out to be a complete fake.