Here's a valid loophole: given that whirlwind's Tor site is still operational in some way, decodex could deposit another 0.001 BTC (the minimum required for mixing) and share the evidence here. This way, the Type-3 Flag becomes valid again, aligning with all the relevant points.
There's no need in additional evidence of that the mixer is not working properly anymore. We all know that. So as LoyceMobile said, it's just "throwing money away". And deliberate provocation of a crime won't add anything. All we need for our conclusions is on the table already. Whirlwind scammed, it's a fact. The only doubts are about which types of flags are the most appropriate in this case. And making additional act of losing money in a scam project just to have one type of a flag instead another is IMO ethically dubious.