tl;dr for wall of text: just cause people aren't suing BFL doesn't mean they're 100% legit. Also they're not a total scam, at least not yet.
Nobody who is scammed, will want to admit they are scammed.
Reminds me of the guy who bought the Eiffel Tower from master con artist Victor Lustig.
Con artists are not necessarily individually very clever, but there has been a lengthy evolutionary process that determines which scams "survive" to be re-used, that is, the scams actually work and get money from people but the scammers don't get prosecuted. The Nigerian scams and their evolution over time provide a very illustrative example.
First, the initial come-on, you would think, should actually be persuasive and convincing enough that most people don't reject it, but paradoxically, the exact opposite is the case. Most Nigerian scams are absurd on their face and the vast majority of people instantly laugh and immediately ignore them without paying them a second thought.
Why should this be? Shouldn't these come-ons actually be enough to get most people to look? Actually, no! They should do exactly the opposite, and that's what they do. The initial come-on is not intended to convince a "normal" person of its accuracy. It is a sieving process, where the initial come-on actually weeds out the people the scammer will not succeed with, leaving only the pool of potentially gullible suckers.
This come-on actually serves the purpose of selecting a population for ongoing contact who is actually dumb enough to believe that some person they don't know is just contacting them out of the blue to give them an enormous amount of money for absolutely flimsy and unbelievable reasons. And dumb enough not to give one chunk of money, but to keep paying more and more over time as the long con continues.
Now, BFL, to the extent it is a scam, is an entirely different one. The target audience is not stupid. In fact, the target audience is highly intelligent, since even being able to understand Bitcoin and that it's actually a legitimate thing that is worth real money in the real world requires a high degree of intelligence and knowledge of the technology and math.
But they also have to be naive enough to believe some company totally out of nowhere, just because it starts out spouting the same rhetoric, taking money in advance for products that don't exist yet, is actually legitimate. They have to not bother checking the company's principals (like Sonny) and look at how it's actually acting, and be willing to throw money at it in advance.
This isn't stupidity, like some assholes have said. There's greed involved, in that people wanted to sign up for this because Bitcoin is a huge money-making opportunity. That part isn't a scam. And also, there is absolutely nothing wrong with wanting to make money by getting into Bitcoin and advancing this awesome technology. The financial reward is literally why this technology is bound to succeed, either in Bitcoin form or the form of some other cryptocurrency.
This is, to the extent it is a scam, an affinity scam, like when religious people rip off people of their own faith. The "hook" is "hey trust me, I'm like you and I share the same beliefs" with a dash of "let's make lots of money." This kind of scam is very destructive to a community precisely because it destroys trust. In this case, BFL might have ultimately done us a favor, though. Unless they actually waltz off with all the money, it isn't really a scam in the criminal sense. It is more of a burn. BFL got money that was better directed at more honest players like Avalon (who have been far from perfect themselves). BFL got a huge batch of BTC that massively appreciated in value while their purchasers waited endlessly. It is my belief that most BFL purchasers would have been better off doing nothing than pre-ordering from BFL.
But to get back to the Eiffel Tower guy, in the case of that dude, victims didn't call the police because they were embarrassed at being so stupid. That is not really the case here. Here, they actually still want the product, and it is actually still reasonable to believe that it will exist at some point and be shipped.
And actually taking these clowns to court, even though there is a good chance there's a cause of action (I've analyzed the legal issues fairly extensively here and on other threads), is a miserable option. Lawsuits are horrendous, boring, expensive, and very often, at the end of them, the only people who made any money are the lawyers. Be wary of any lawyer who is eager to go to court. The best legal advice in the world is to stay out of court if at all possible.
While I wouldn't necessarily take my own advice there at all times, people not suing BFL for their endless bullshit does not mean BFL's actions are okay.