Look at the facts, not the supposed intent.
But intent is everything. The very definition of fraud requires that there be intent to defraud. Likewise, in every murder investigation, motive is one of the most important things that must be answered. It's possible to get a conviction without demonstrating a clear motive, but it's incredibly difficult.
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If those statements are true, then it was instamined.
Dash was definitely instamined. The question is whether it was done on purpose and whether Evan benefited significantly from it. Let's look at what the troll says:
1) Evan ended up making Dash something that was actually useful, rather than a bitcoin clone with a different algorithm. He had "plans" for the coin but didn't announce them at launch. He waited until he had begun making progress with the code before announcing them.
--How is this a bad thing, exactly? Evan promised only one thing at launch, which was the one thing he had actually coded: Xcoin would use X11. At this time, in January 2014, every dev under the sun was promising the moon. Evan actually took the very reasonable step of underpromising and overdelivering. I fail to see how this is a bad thing?
2) Evan said he was looking to hire a programmer to start a for-profit coin which would be merge-mined.
--I've had a lot of plans in my life, and the vast majority of them didn't come to fruition. Still others have evolved over time into something else. If we're going to be strictly literal here, I could point out that Xcoin was at no point merge-mined with any other currency, and therefore can't be the project Evan was talking about starting.
3) Evan said he would postpone the launch and then launched a few hours later.
--I guess he changed his mind? Did he not publicly release the binaries and post on this thread when he did?
4) There were problems with the Windows binaries at launch.
--Show me a coin where this *isn't* the case. It's already been demonstrated that the Monero miner was deliberately de-optimized at launch. Maxcoin's launch was a disasterous fiasco. Even Litecoin, which Dash was originally forked from, had an instamine.
5) Evan was mining from the start, since he had 5000 Xcoins to offer as a bounty.
--Well no shit. Did you really expect him to *not* be mining? Nobody questions that Evan got some coins in the beginning. The only question is whether that amount was significant.
6) The emission schedule changed numerous times.
--Again, people aren't allowed to change their mind?
7) The coin was mined from a limited number of IP addresses.
--I don't know enough to weigh your evidence here. I'll leave that to others. Even if that is the case, so what? It was publicly launched and the binaries were publicly released. Is it Evan's fault if nobody was interested?
8) Yes, 1.5 million coins were mined in the first eight hours. Please show me some proof of your assertion that "most of these coins ended up in his hands."
Nice to hear it.
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