When I first heard about BS&T (it was called Pirate Saving and Trust back then) my first thought was that it was probably a ponzi. But instead of stopping there I did take the time to research it, talk to others, and eventually talk to Pirate himself in person about the business and was convinced it was not a ponzi. Based on that I felt OK being involved in the PPT zero coupon bonds.
I think this is the crux of the issue right here. You suspected Pirate was operating a Ponzi and then you somehow became convinced that it was not. If this was reasonable based on the information you collected, then it's hard to argue you were scamming. If this was unreasonable, then you're a scammer, no matter how much you subjectively believed it.
Personally, I find it almost impossible to believe that anyone could have reasonably become convinced that Pirate was probably not operating a Ponzi scheme. Those who have claimed such have either refused to explain their reasoning or have presented comically implausible reasoning.
Would you care to share what you thought Pirate's business model was?
But "scammer" would imply that I did not settle my debts, did not deliver goods promised, did not pay a bet, etc. I have done none of those things.
You paid Pirate to make your customers the recipients of fraudulent transfers. If you did so knowingly (or under circumstances where you should have known), you're a scammer.
Burt didnt lied.
He claimed he knew Pirate wasn't running a Ponzi scheme at a time when that claim had a positive affect on his personal finances. If that claim was based on insufficient evidence, that's a form of lying -- claiming you know something you don't to get other people to give you money in reliance on the truth of that claim is lying and scamming.
It's not unusual with Ponzi schemes for people who lost money to also be legally and morally responsible for some of the losses other people suffered in the Ponzi scheme. The Vaughan clawbacks are a dramatic example of this. For example:
The seventh clawback targets an Albuquerque residential contractor, his real estate agent wife and their construction company.
Although they lost money in the scam, the legal argument will likely be that, as veteran real estate professionals, they should have known something was wrong with Vaughan’s scheme when they continued to make the promised 20 percent return on their investment after the real estate crash.
The rationale is that, if they had blown the whistle, then later investors would have been spared their deep financial losses running into millions of dollars.