Its like in real world. If you hit thief, that just robbed you, then you will have problem.
Or at least in Europe :-(

So we are not allowed to say, if it is fake or not.
We can just hope.

That notion doesn't invalidate the rules which say no calling fake.

well I guess you can write comments like: ''before you spend your points on this giveaway, please check this user profile and his other giveaways - it shows he did not deliver the games'' - this way you dont break the rules as you dont call the giveaway as fake, but you post a warning that every straight thinking human being will understand. Well that is what tolerance is in Europe for example, people do bad things and say it is their culture and if you raise you concern about it, you are gonna be smashed by law and various environments.