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Might want to hold off until we see what legal discovery turns up in chat logs, emails, etc

Incidentally, a reminder: pre-emptively destroying records under the apprehension that you might be served with a lawsuit is A Bad Idea.

I would think twice about hiring someone if their previous place of work was a scam company, at least because it tells me something about that person's ethical compass.

He calls himself VC, so he may be more liable than you think.

There is a non-zero chance that a company in legal trouble will suddenly decide an employee wasn't authorized to speak on their behalf and so clearly misrepresent their perfectly legal and honest intentions, and throw that employee under a bus.

Best thing to avoid that, as I said in another comment, is to quit and get a lawyer.