I don’t think consumers were the target of the scam; if they were, I don’t see a reason why they wouldn’t have accepted pre-orders for the game. In fact, I think they know that accepting pre-orders would have left them open to false advertising lawsuits which is why they didn’t go for them, and I think they were well aware that people could just refund the game so trying to scam consumers (in this instance) was probably not worth attempting.

Instead, I think the investors were the target. The brothers who own(ed?) the studio have been living off investor money for the last few years, and which how suspicious their finances are (their ludicrously high travel expenses, in particular) I’m sure they’ve hidden away a bunch more money.

The game that exists is a shameless, cheaply-made asset flip that I suspect only exists at all because it makes it much harder for investors to sue for fraud when there’s an actual product. If they’d just tried to take the money and run without releasing anything it’d be obvious fraud, but now they can claim they tried their best, expectations were too high, etc, and it’s difficult for the investors to prove otherwise.