Actually as they took Bitcoins from people preordering last summer, just having kept them and then sell them when they foreclose, would yeild the largest profits.
According to their contract they are only obliged to pay back the Dollar value of the order at the time of ordering, so they can keep 4/5 of there sale for doing nothing, completely legal.
As i recall they use Bitpay as a middle man.
They never received BTC directly (this should tell you something about trust!) only hard dollars (bitpay converts BTC to $ for merchants directly so that they don't have to deal with high price influences). On their invoice the price was written in $ and converted to BTC via Bitpay!
So demanding back the equal amount of BTC from BFL that you paid for then, is impossible because they don't have them! If you want these back you have to deal with bitpay. And i don't think that they still have these preorder funds or will give you the equal amount @ current market rate!.
A Customer paid 1,3K € to BFL gets back exactly the same money converted to BTC @ current market rate.
THIS IS FAIR, OK and not a fraud!
BTT: Seriously .... this question was answered so many times before.... Just use the search bar on top!