My thoughts on this:
1. If a bank can not redeem a customer's demand deposit, at that point the bank committed fraud. I don't think anyone is disputing that.
2. If instead of denying the customer's demand deposit, the bank creates more notes to satisfy both the customer and the borrower, that is the same exact default, and therefore fraud. It is exactly the same as the U.S. government printing up $16 trillion to pay off the national debt.
3. If banks inform customers that they may not be able to access their money, then it really isn't a demand deposit, and therefore really isn't fractional reserve banking.
4. I do agree that we don't need the government to regulate reserve requirements. Just eliminate deposit insurance, let the insolvent banks fail, and prosecute them for fraud. That would be incentive enough to keep the quality of money relatively sound.
5. Whether or not fractional reserve banking in itself is fraudulent, it is undeniable that is causes the business cycle. The act of consumers saving money in time deposits is what signals to the market what their time preference for consumption is. Consumers putting money in a checking account has no such effect, because people expect to be able to use that money immediately. If banks can lend demand deposits as well as time deposits, that increases the pool of loanable funds, lowering interest rates below what the time preference of the consumer would dictate, bringing about a boom-bust cycle.