If you spent 200 BTC on a miner, and still don't have your machine, I highly doubt that you'll be making your BTC back in the next couple years, if ever, in light of the increasing difficulty.  People lost out in terms of opportunity, sure, but BFL is obligated to return what was paid for not delivering as well.

Further more, BFL's choice to refund people who paid BTC in $ instead of BTC was criminal, and anyone associated with the company deserves a scammer tag for that alone.

I don't know what you are on about SgtSpike.