It's unlikely that BFL will ever get scammer tags for the ASICs because it's not at all clear what a preorder actually entails. I doubt that the preorder agreement (if there is one) specifies exact deadlines or specifications. I think that they'd avoid a scammer tag if they delivered some somewhat-decent mining device or gave USD-denominated refunds within a year.

The bet is another matter. I haven't looked into it yet.

I said previously that I would consider not accepting their advertising if they didn't make much progress within a few weeks. They have made progress. Several people received devices.