One element of fraud that I've seen surprisingly little suggestion of is, that the c/e/r/t/a/i/n/t/y/ the possibility that they were doing extensive mining with customer equipment before finally shipping it.  Although this seems a bit slimy to me, it also seems like a rather slippery thing to pin to them.

I think it would be a ton of fun to use the discovery process to pick apart what's privately known about this story.  What smoking-gun emails are there?  If these guys are pros, then they probably saved their darkest communication for face-to-face or on-their-knees encounters.  But there would be plenty of external email from their vendors that can more clearly establish the circumstances of requests, timing, reason for and actual existence of delays, etc.   It would be easy to demonstrate that various BFL spokesmen were l/y/i/n/g/ /s/a/c/k/s/ /o/f/ /s/h/i/t/ systematically knowingly far from truthful over a long period of time.

It would also be a lot of fun to reconstruct the timeline of "where were the chips?"  When did BFL finally get their hands on which batches?  How were they tested?  How long did that take?  Were they _able_ to do mining at this step?  Then what?  Were these chips _ever_ the bottleneck in production?  Were they innocently sitting in a big pile in a warehouse while other bottlenecks were dealt with?  Continue this into their attachment to the PCBs and then assembly into the final equipment most of the customers eventually received.  If you watch this closely I predict you'd find large quantities of chips available for ill use over a long duration.  Somebody will have a lot of 'splainin' to do about why these chips were sitting the in the warehouse doing nothing while the customers are screaming for fulfillment.

And don't even get me started on the order of shipments.