It's a scam until it's not.
In America it's innocent until proven guilty. If they're a scam then you should have no problem proving it.
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.
Correct which is what a scam actually is. I think too many people on this forum seem to not comprehend the definition of "scam". However, in a court room, if you paid for a product or service and it was not delivered to you than they would have to refund you that said money.