The ICO terms are irrelevant in these accusations.
The fact that it is the same "DEV" as the USE "DEV" is where the root of the imminent scam lies. Nevermind the terms, the fact that this person makes his living out of scamming people out of their BTC and Bittrex having the power to kill one of cryptos deadliest cancers is what we should be looking at, do not deviate with "ICO terms arguments".
You want irrefutable proof to act? there is none and there will never be one for the Carsens, the ASIACOINS, the list goes on and on, unless they themselves say they did it, it is impossible, this is the internet, the evidence is right there, served to you on a silver plattter WORK WITH WHAT YOU GOT! BITTREX: DO THE RIGHT THING!
Here is a US CFPB advisory on crypto companies:
http://files.consumerfinance.gov/f/201408_cfpb_consumer-advisory_virtual-currencies.pdfHere is where you can file complaints against crypto companies that commit or assist in scams against the public:
http://www.consumerfinance.gov/complaint/EDIT: Submitting a complaint takes only a few minutes.