Have you actually reported this to bitinstant?
o if the answer is NO, then you have absolutely no right to call scam. You can warn people that there is an error occuring, and that you have informed bitinstant and are awaiting a reply, but to call scam is the height of stupidity.
o if the answer is YES, and they responded negatively, then you have cause to call SCAM, but you don't mention this in your post, in fact you don't say whether you have contacted them at all.
Learn the difference between SCAM and ERROR.
The thread you linked to is authored by you, don't you think that was worth mentioning?
I don't know in what jurisdiction you live, but in my country, this man has every right to say abso-fucking-lutely whatever he wants.