Being a bad trader still doesn't make him a scammer.
He misrepresented his abilities in every way possible, from overinflating the importance of backtest data to claiming to have a bankroll he did not have to altering his graphs to reflect a performance that did not exist.
Yet you're still defending him.
Objecting to the methodology used to tag him does not equal defending him. If we gave the police unlimited power to search people's homes without a warrant, no doubt they would find plenty of drug dealers and other criminals. The problem with that is it also strips the innocent of all of their rights. That has always been my complaint with this issue, it was based on speculation and guesses, not facts.