When CAPTCHA is just simulated on the client, then it's clear indication of malicious intent (of getting paid for faking real job).
That said, CAPTCHA should not be used at all. But torturing users with CAPTCHA while allowing bypass access to bots is more advanced level of evil.
Usually scammers treat their victims as customers and wish them well.
In this particular example it was combination of technical incompetence [not being able to deliver proper CAPTCHA] with scam [of getting paid for project that did not deliver on promise].
That doesn't excuse the programmer. As a web programmer, it is, to some extent, their job to know when they're out of their league. But second-order knowledge can be a rare skill.
Don't believe me?
Think about how often you see obvious SQL injection problems - the same (lack of!) thought process is responsible for both.