Well then, according to that analysis, nothing IH or Darden, et al did in connection with Rossi et al was fraud either. After all, they haven't been charged or convicted and apparently, according to you, a settlement means that there wasn't a preponderance of evidence against them.
Yes I would agree with that. Any criminal fraud case against IH would in fact be more difficult to prove than Rossi, who has already spent time in prison.