I agree with this, but sometimes it is hard to prove as well.

The worst part is that in court (at least in the US) you have to prove it was a deliberate scam as well. For example, if you gave them money and their company fell due to not being able to create the product, that wouldn't be a scam. It would have to mean that they knew before they even started that they were stealing your money and had planned out how they were going to do it.