I'm very cynical, so maybe I can provide some clarity here.  Perhaps it means they've taken some 3DS demo cart, "super-glued" a DS cart inside the shell, tied them together with cotton thread, and selling them as a 3DS flashcart.  They don't say "ROM", they say "game", hmmmmm...

Put yourself in their shoes, if you can bullshit people to sell them like hotcakes and rake in all the cash dollars, wouldn't you?  Wouldn't you suck Dick Cheney's dirty toenails for a few grand?  Maybe even a few hundred, enough to buy another pipe of crack.  Capitalist 20th-century types, they surrrrrrrre would.