Fraud is the act of intentionally and criminally deceiving another person for personal gain. It applies to cases where the truth of a claim is critical to the means of personal gain, like if you were to burn your own house down and tell the insurance company it was an accident. It does not apply when a company uses a distribution chain that does not identify itself as an agent of the company because there are no laws requiring a company to advertise its product brand through or with its distribution channels. This is how you end up with Toshiba TVs filling Best Buy shelves in a time when Toshiba isn't producing TVs for American markets at all.

If a company wants to use a sister company to buy it's stock, then sell the stock at a heavy markup through the sister company, that's not illegal. It's infuriating if you want the product, sure, but the only thing that can prevent companies from doing that is consumers refusing to buy the product at the marked up price.

And sister companies aside, individuals who have nothing to do with Nintendo make a living on buying these limited stock products and reselling them at 80% markup. Again, that sucks for you if you want one, but they're going to keep on doing it as long as people buy at the higher price point.