Well, I understand your position, but how many reports of BTC not being paid out do you need before a "community consensus" is reached? He's not paying out on his advertiser platform either. With dozens of people reporting failed payouts, I would think the onus would be on him to prove his innocence.
I sometimes do use reasoning like that to decide scammer cases, but I feel that Andrew Bitcoiner has a strong case. His site ToS says:
Any and all units of the Bitcoin digital currency deposited into a BitcoinAdvertisers.com Bitcoin address becomes the sole property of the Service until such time that the Bitcoin(s) is transferred to a third party Bitcoin address at the sole discretion of the Service.
I would still tend toward marking him as a scammer if he clearly kept deposited BTC for
absolutely no reason, but he claims that all of the people with frozen accounts violated aspects of the ToS and he is therefore within his rights to keep the BTC. This may be true. I have no way of verifying whether or not people broke the site rules.