First, the ones receiving the BTC for BTCFPA are BitPay not Tom. The fact that they may not have moved the BTC for a transaction since then doesn't prove anything.
And even if BTC were paid directly to Tom's wallet if it was possible he is very well entitled to do whatever he wants with them as long as it's part of running his business. If he needs a cushion of BTC for day-to-day operations in order to avoid moving money around for each and every BTC transaction and have more time on hand it's his call.