Ok I have an update. Brandy at JF&E contacted me today in repsonse to my email. She was extremely nice and very upset about the mix up. She provided me a copy of her USDA receipt from 2008, to show the authenticity of their Black Madeira. She also provided a picture of their mother plant:

There were also two pictures of child plants:


The pictures she provided look exactly like Black Madeira. Brandy was also very insistent that JF&E has a strong "true to name" gaurantee. I told her my Brother's tree was healthy, so no need for a refund, but that I would like to purchase another true Black Madeira. She insisted that I not pay since I did not get the correct variety.
Mistakes happen. Sometimes cuttings get dropped, swapped, confused, etc. The important thing is once realized, the seller makes good.
Two important things to note:
1) JF&E appears to have a true Black Madeira UCD
2) There was a mixup with at least a couple of their trees
3) They are willing to ensure their customers are happy
I will report back when I receive the replacement tree next week.