There's an embarrassing irony, watching libertarian bitcoiners, passionate about a currency that doesn't depend on the government, screaming for the protection of the SEC.
If Mt Gox has a small team working on solving this, and they are as incompetent as everyone says, holding them up in a law suit isn't going to make them fix the problem any faster. If they were insolvent then I would hope they would have had the good sense to tap into this ongoing arbitrage opportunity which they have exclusive access to, in order to balance their books by now, and there's plenty of cash for everyone.
As far as I can tell, Bitcoin's fiat withdrawal hasn't ever been halted. Didn't I read that in a MT Gox press release? One of the tiny bits of information they have given out. It's still as painfully slow (over a month) as it's always been. All you have to do is ask for your cash. Has anyone read through the terms and conditions we signed up for when we opened our MT Gox accounts? Does it say anything about timely access to fiat and BTC?
These guys (at mt gox) are clearly not the sharpest tools in the box, under resourced, badly managed, indifferent to the balling of their customers, but right now, letting them get on with their IT fix is the best we can do.
Disclosure: I have a good few BTC in MT Gox and would very much like to get it out to Bitstamp asap. I have no doubts that MTGox has enough cash and BTC to cover my investment. My only doubt is if they have the wherewithal to develop their software solution this side of March.
work on it in jail, you get out when the money is found -- that simple