Yes, i'm pretty sure that he is 100% legit.
He never liked this piracy/cfw thing.
Bro, he has like 200 games in cartridge, he is 200% legit, i'm sure of it.
@EDIT
I just can't think in a way i can proof this for you, sorry.
A friend of mine was banned and his console didn't even got a CFW, it didn't even had contact with homebrews or exploits.
I have a O3DS with A9LH and 11.4 firmware and my console is fine, and i got the SpotPass disabled.