Ah yes, I forgot! The fraud route is always an option, which their CEO is pretty familiar with having been convicted of it before. They could always fraudulently mine with customers' equipment before they go under in an attempt to save themselves. Good point, except for the fact that they are incapable of producing said equipment and it doesn't even EXIST.
I see you are just trolling BFL threads, before I add you to my ignore list I would suggest that BFL would not need to use ANY customers machines to mine, they would simply build their own mining rigs, and most likely of a configuration they never sold or advertised so as to remove any doubt.
I would be interesting in seeing the court records of the CEO fraud conviction you claim.