I will just briefly mention in case it is useful somehow, that once and only once I had a post disappear on the BFL forums... I was reminded of it reading through that transcript.
In it, I recall that I stated that it seemed to me that the BFL staff were doing their all to get stuff shipped [I was naive, sue me! lol] but that if it turned out that any of their staff already had minirig ASIC miners chugging away while the customers were kept waiting for their boxes, that would almost certainly constitute a
fraud perpetrated against their customers, no matter what the website refund etc T&Cs were.
I probably didn't bold and underline
fraud in that post, it was more of a throwaway comment - although my left eyebrow might have raised slightly when I couldn't relocate the post on the forum...
I do rather hope someone has mused upon the possibility in the general direction of Ms. Mahoney at some point?