It's not as easy as simply showing that his website conflicted with the facts. To show intent it would need to be shown that Kahn truly didn't believe in the viability of FullFlush. His own website can simply be written off as Kahn being too lazy to update it. There's liability in negligence but that doesn't reach the stature of fraud.
Someone would literally need to come forward and testify that Kahn had stated (or something like an email written by Khan) that FullFlush was scamming players. To prove intent, it has to be shown what is actually going on in Kahn's head. It really isn't that easy to do that.
Remember, FullFlush has admitted to cashout issues caused by previous owners. So it's not just an issue of slow payments. The problem is that FullFlush has been dishonest with the players contacting support. Proving that Kahn has first hand knowledge of the inner workings of FullFlush as opposed to being fooled himself by FullFlush's PR would be real difficult. In a courtroom, it takes more than a logical argument, it takes solid proof.
His 40% (now down to 30%) buyouts are the closest thing to a smoking gun but even that's not enough considering that he's doing those under the guise of helping out distressed players; even though it's pretty obvious that he's really just taking advantage of distressed players not to mention the questions it raises about his real outlook for FF. But there's a big difference between what can be proven in a court of law versus what can be proven in the court of public opinion.
Years ago I spent a lot of time in the courtroom helping people. An awful lot of people that I watched wanted to show that their opponents were guilty of some kind of fraud. I've seen a lot of judges simply toss accusations of fraud aside often accompanied by sarcastic comments aimed at the accuser by the judge.
I don't think that this Game Protect guy has his shit nearly together enough to succeed in what he says he intends to do. And I have serious doubts as to whether he is being entirely straightforward with us about some of the things that he is saying.