I personally believe if you had a direct PM where Red offered to sell you his picks, he would pay you. He didn’t and all of us know it, including you.
But I think the point you are making is he didn’t exactly offer it, but it could have interpreted as that. In that situation, you are correct, it’s impossible to prove.
But I will say in all my interactions with RE, I never thought he was offering anything to me. I know he has been around a long time and would tell anyone he is as knowledgeable as they come in Sport Wagering and a standup guy.