Is there evidence they actually got scammed? Maybe Evil Ape sold all the eth and intends to use it to pay people, and doesn't feel the need to communicate plan

Is there evidence they actually got scammed? Maybe Evil Ape sold all the eth and intends to use it to pay people, and doesn't feel the need to communicate plans. Are claims of future plans legally binding for Evil Ape, since people bought NFTs based on those future plans? Would it be fraud if a 100k game was developed and released in 5 years? Has a crime been committed yet?