There are three sides to every story. At this point we have heard AGs side, and I still want to hear Kevin's side, and then the third side of the story is the truth, and sits somewhere in between, and hopefully Martin can get us all closer to that truth, but I doubt we will ever really know the whole truth.
Certainly based on the info we do have, including info from Kevin, there seems little to no doubt that Kevin has committed fraud and ultimately he will need to pay the consequences for that. However, I find calling him a scumbag, as some have done to be a little over the top. I don't think Kevin set out to rip people off. I think he thought he could pull this off and obviously that was pretty dumb and naive and I have to think some of those close to him, knew that and they also should be held accountable, since they did nothing to stop it (and I would still like to hear from his original partner Aaron as well, and if the partnership broke up over the licensing issue and he chose to just move on and not go public, then I have an issue with that -- I am not saying that is the case, but that is part of the story we would all like to know).
Lets be honest, had he shipped games on time, he might have pulled this off, but I still believe, since he wanted Skit-B to be an ongoing concern, at some point it would have caught up with him. So, did Kevin defraud 250 or so people, certainly seems so, is Kevin stupid and naive thinking he could pull this off and not get caught, absolutely. However, as I said, I want to hear his side of the story, obviously with his track record on communication and truthfulness, anything he says would have to be taken with three tons of salt, but I'd still like to hear it and I still like to see Martin dig deeper to get us closer to the truth, although I don't think we will ever really know the whole story and the whole truth.
I believe Kevin and Martin have indicated we would be hearing more on this, and getting Kevin's side. Hopefully we will hear that soon, since this continues to drag on far longer then it should and that is clearly not fair to those who have forked over hard earned money.
Of course most important is that everyone gets their money back. I would estimate that Kevin has spent less than $150K, possibly less than 100K so to get the prototype built, purchasing parts he now has on hand (which can be sold off), traveling to shows, etc. That is certainly not an outrageous amount for him to borrow from friends, family, etc. in order to be able to pay back all the money he has collected.