IMO any company that took money for products they reasonably should have known would not be delivered in time to be profitable, while at the same time lying about their ability to deliver should be labeled as scams. That includes HF and BFL.
Profitability isn't debateable as a scam, in the same way a $2000 handbag is knowingly sold that its not worth $2000. If you have evidence to suggest HF delayed deliberately or made misleading statements that were foiled on purpose and NOT by mistakes, then they can be reviewed.
BFL may go down in the next cycle.