Criminal suits require "beyond a reasonable doubt"
Post# of 43064
Mr. Bordynuik tries to keep just enough doubt about his $10/bbl cost, WTI-$3 claims being false so the Faithful and Patient can assume a mental path to it being true. Either heat transfer fluid cost too much one quarter or other costs came in unexpectedly high, production was too low because of problems, etc.... If one is optimistic enough in the face of too little information, that person can almost always find a path to wild profitability which works in their own mind.
However I would put my money that a jury would decide that Mr. Bordynuik's $10/bbl crude oil claims were fake beyond any reasonable doubt, let alone passing the threshold for those claims as more likely than not being fake.