Ok, seems that someone want to bring a proof without proof here :
Did it defraud a group of persons? Yes.
No. That's precisely what we don't know for sure.
You don't present any evidence here, just some lawyerspeak sleight-of-hand accompanied with useless wikipedia citations in order to acquire some appearance of authority, which is pure waste of time.
Don't try to dilute and divert the subject in order to get an easy rhetorical argument, argument for the sake of argumenting is not the point, bring solid proof or at best reasonable questioning for others to verify instead. Something concrete.
This is not jury you have to seduce. You can't base an argument on your personal conviction that a crime (felony, mail fraud, whatever) did happen.
You must answer the why, the how, the when, where, with facts, or point out a possible direction for investigation, not speculations.
You are using the "may", "maybe", "might" weasel words all too often in your pre-concluded argumentation, which at the end amounts to nothing certain, therefore nothing at all.
If you have something solid to bring, then do it.
Otherwise, you are just adding to the confusion.
We've emailed our customers our new website address. All communications will be made using the temporary suppport emails in Contact Us section on the website.
Withdrawals etc. will be available from our new URL with no more delays. It will be kept away from public while we sort out the current problems. No passwords were compromised and databases are backed up so nothing has been lost. There is someone with a lot of resources interested in bringing us down - that is all we can say for now.
Has anybody on bitcointalk ever received this e-mail? Obviously not.
That's a possibilty (as a matter of fact, I did not receive that mail and have been without an update ever since), but then again, lunamine does not claim people have received it, but that mail was sent. Mail can be sent and never reach destination (especially when your mail server is being attacked), as you probably know, so in itself that doesn't prove much, it's at best a suspicion.
Has the user "Lunamine" been on bitcointalk since his last posting? Yes.
His last activity is marked as about half an hour after he posted that last message, which is the usual timeout for sessions, so I'm sorry but I can't conclude the following :
This means: "Lunamine" has most probably seen that the mail didn't arrive. Okay, maybe he didn't go into the forum. Then he should have seen the private messages and learned it by reading them.
Any reaction? No.
All together features of scam and fraud.
This is still speculation. Sorry, but you haven't proved anything here.
With the same base constatation (last seen on this site half an hour after message posted), I could also very well imagined that he posted his message, left the window open, half an hour or so later he logged out without any further check, and after that has been battling some problem. This speculation would be as valid as your speculation.
Now, I've been trying to investigate a bit outside this forum, instead of grasping at straws with wikipedia citations in sterile arguments.
I haven't made progress so far, but at least I'm trying something concrete. Hopefully more to come later.
Anybody having even some small clue about the fate of lunamine is welcome to share it here.