The difference to the Honda/BAR case is/was, that BAR didn't own up to it, when ask explicitly about it (at least this is what was reported at the time).
They were, apparently, ask if this is all the fuel there is, and if the tank is completely empty now, and said "yes"
The similarity to the BAR case is that the FIA have made the rules situation such that they can just make **** up as they go along to target anyone they wish.
In the BAR example, the car was werighed in post race scrutineering, and as testified:
10 The Team point out that, contrary to the FIA's Statement of Case, it is not correct that the car is always drained of fuel before being weighed. That is not routine practice. As Craig Wilson (Chief Race Engineer of the Team with 9 years of experience in Formula 1 for various teams) points out ... He has never in his experience known the FIA to require a car to be drained of fuel after qualifying via a lift pump procedure or otherwise, even when the cars were on or only just above the minimum weight limit.
This is also confirmed by the experience of both Geoff Willis (the Team Technical Director), and Mark Ellis (the Team Chief Test Engineer), both of whom have also worked for other teams (Williams and Jaguar).
The FIA treated that car to tests that no other F1 car had ever been tested before. Even after the above procedure in which the FIA lied about the circumstances of asking the operator if the tank is empty, they got out a vacuum device and further sucked out more fuel. If the talk at the time is to be believed, not a single F1 car in the entire history of the sport before or since has ever been emptied in this way before being weighed in the scrutineering bay.
The wing situation is much the same. Sure the rules say "ridigly secured" and "must remain immobile", but everyone also knows that this is a physical impossibility that the laws of physics in this universe will not allow. So what do the FIA do? They arbitrarily make up tests that test for a small bit of movement, and give themselves the right to alter that test at any time they feel, in any way that they want, to test any car they choose to, and decide for themselves in their own personal opinion whether the test has passed or not.
Going off track, talking on the radio, even the debacle over the misreading fuel flow meters earlier this year. Its all a mess of interpretation rather than actual measurement.
I'm sure both the fans and the teams would much prefer rules where they can just get a weight balance, or a measuring ruler, and simply know whether something is in or out of spec, leaving nothing to the personal whims of humans wearing FIA blazers.