^^ This what all the "see you do need regulations, I told you so" crowd does not get.
A cheat is a cheat is a cheat and they will cheat you using unregulated BitCoins, just the same way they will cheat you using regulated dollars.
It isn't as if regulations create some magical inviolate barrier. Madoff ran a ponsi scheme masquerading as a hedge fund with SEC reporting requirements and everything. Much of the monies were never recovered. The subprime crisis is another example the brokers just faked all the paperwork and wrote the liar loans.
The only differences in the end is possibly if someone goes to jail or not. FRAUD however is still a crime even if there are no specific securities statues that apply to BitCoin. So these guys certainly could be charged as criminals too. This has NOTHING to do with regulations.