Just a couple of thoughts.

First, the fact that the poster starting this thread is making his/her first post may not mean anything. As my first thought was that someone started a new flyertalk handle just to start this thread. As they didn't want any of their real information known.

I don't think anyone has "a leg to stand on" when it comes to asking for money back. Unless it's the passenger, and then only if the broker didn't tell the passenger what they were buying. If the broker gave all of the information to the passenger, then everyone just needs to move on.

What I think happens quite often though is that someone other than the passenger contacts the broker. But then fails to inform the passenger of all the risks. (ie. a travel agent may contact a broker, buy a ticket hoping to make a larger commission, and then only inform the passenger that she/he obtained a "bulk ticket"). And if that's the case it's the travel agents fault. But if everyone knew the risks, then everyone needs to move on. Including the passenger, the broker & the frequent flyer. They all took a risk, and they got caught.

As for the frequent flyer, depending upon his or her status, and how many miles might be lost, it might be best to just start a new account at a new address and start over.
As the airlines are going to enforce their penalty no matter how badly he/she pleads their case.

As for the airlines going after the broker. It's the frequent flyer that broke the rules. And the broker didn't force him/her to do so. And my guess is that it was the frequent flyer that contacted the broker and asked how much will you pay me for my miles, not the other way around. As the broker doesn't have a name to contact, until after the frequet flyer makes the initial contact. And that doesn't mean the brokers without blame, nor the passenger. But it's the frequent flyer that starts the process.

And last of all it would be my opinion that contacting a lawyer would just be throwing away good money after bad. The only one that's going to come out ahead is the lawyer.