Agreed. It could hypothetically be fraudulent, if the organization that manages ETH makes explicit assurances about how they're going to manage it and then do something different.

Undisciplined

Yeah, so I think ETH is a scam but I don't think its creator is guilty of fraud. You do not have to sign a contract to buy that token. The info / knowledge about how it works is freely available. That's the difference to me. 

kepford

What should SBF sentence for his crimes be?

My understanding is that he violated the terms of the contracts that customers signed. That's why it was considered fraud.