If Neteller CAN pay but CHOOSES not to, is there a criminal liability?

[AverageJoe]

If,

(1) Neteller benefits by keeping millions of the US customers’ money
(2) Neteller lies about being unable to pay the US customers, and about US customers being able to use the money for non-gambling purposes (I want to buy a T-shirt from a merchant, I want to send my uncle $500, can I?)

it is fraud. Can they be charged not only with “facilitating illegal gambling”, but also with an attempt to defraud American citizens out of millions of dollars?

If “facilitating illegal gambling” charge is dropped for one reason or another, can they still be charged with fraud? Remember Martha and other federal cases? Initial charges are often dropped, but it is what they do to cover their asses – that’s what gets them in the end.