This lays out the case for breach of fiduciary duty quite nicely.
We can hope, I suppose, that the 740k BTC are "temporarily unavailable" and "not lost yet" because they are incorporated into a trust which the bankruptcy court will have control over.
If true, I guess we can also hope that Mark Karpeles spends some significant time in prison due to his recent alleged attempts at manipulation and deceit.
sadly, the lawyer who prepared the document choose to ignore the fact that Mt Gox had a history of such unscrupulous actions, it was not more than 9 month prior to the most recent debacle that Mt Gox orchestrate another debacle. According to some industry pros Mt Gox goxxed the cryptocurrency community upwards of 7 times.
I read the MG Terms of Service agreement today and was shocked at what I saw.
The lawyer also spoke of "industry standards" which made me laugh, because I know there are no industry standards, and if there were MG would have been the one to create it considering he was the first to have a CC exchange.
This class action case is totally dependent on a criminal case, if you can't show that MG has the money then there is no money to be had.
My position on this matter is simple, FOLLOW THE MONEY, unlike all fiat btc has a "paper" trail -- the block chain. ALL of the proof is there for you to find, just do the pain staking homework to find it. Either you will find Mark on the other end of it or not, given how he ran things, I'm guessing you will find mark on the other end of it.