Prove fraud.
The post I originally replied to accused fraud. There is a legal definition of fraud - so prove it.
Everything you're going on about has nothing to do with fraud, and is 100% irrelevant since its not about evidence of fraud.
I mentioned morality of loopholes because to me your question looked like some sort of end-run around providing evidence of fraud. That's also why I clearly stated the difference between my opinions and the legal factuality.
Prove the claimed fraud.
If you want the law changed, that's fine - convince congress to do it. Even if the law changes, fraud must be proved under the laws that were relevant when the allegedly fraudulent event occurred.
So again - prove fraud (hint, i doubt you can no matter what your feelings are).