Anyone who has purchased 1 BTBc Coin or more is considered an investor, so all investors should have the same treatment, regardless of whether they bought it, in preico, in ico, in exchange or in the Yakov's house . If Yakov take the wrong decision to only make a swap with those who bought in the ICO, the new project can't continue, since all the scammed investors or most of them, will report the fraud to the authorities and the authorities will be responsible for putting a brake to scammers. for that reason, I believe that Yakov will not risk being the next MT Gox and end up in prison for fraud organized.