Before asking this question, I should say some words. Because this question seems similar to another question I asked, I worry someone may mark this as a duplicate without understanding - In fact, they were different.
Disclaimer: This is only an educational case. I am neither the scammer, the victim, nor someone scheming to scam.
Let's say, Tom was scammed by a "bitcoin mining website", the website owner, say, Bob, was a scammer.
Suppose that Bob and Tom are all in the US, and are all under the jurisdiction of the US.
Below is how this thing happened:
One day, Tom opened Bob's website while surfing Google. The website said:
"we have a software, which mines bitcoin at a very fast speed - because it uses new technology to mine bitcoin."
"It is more than 1000 times faster than traditional mining."
Tom was allured by the "potential wealth", so he downloaded the software, and went through the setup, and installed that alleged "New Technology Bitcoin Miner".
Our bitcoin mining service has been already suspended in xx/xx/2019, due to legal and financial reasons. You can still use this software, but it will only work as a simulation, therefore, it will not produce real bitcoin.
Agreement to this term of use means that any payment you make in the software is regarded as payment for the simulation.
Then, the software began asking for payment. It said to Tom: If you want to mine bitcoin, you should pay $999 for our service first.
So, Tom paid $999 and started "mining bitcoin" in this alleged "New Technology Bitcoin Miner". The software simulated the mining process. At last, Tom got no bitcoin into his wallet.
(And, in fact, the alleged "New Technology Bitcoin Miner" didn't do real mining at all.)
Tom felt he was defrauded, so he was about to report the website owner, Bob.
From the perspective of US law, is Bob doing this regarded a fraud?
Is this a criminal case, or a civil case?
What evidence can Tom provide to support the lawsuit?