Granted we'd all like to see our shares back in our position and listed on an exchange... but until ours are and Ukyo's aren't... he has no grounds to complain beyond what we all hold.
Honestly the entire situation stinks... I'm still curious as to why over 100BTC was stored on BitFunder and if that is 100BTC of ActiveMining's assets or Ken's. He listed it as ActiveMinings... which leaves me curious as to why.
And for crying out loud where are the financials... all things aside this is something that Ken should be obligated to release on a set schedule. And I'm not talking about a brief one liner... but a proper balance sheet etc.
The money could be there for many reasons. One of the simplest being the money is there to pay out divs as they come in. Instead of going through the process of sending the divs through weexchange every time divs are due he could just send one big batch and pay out the amount equal to the divs for that period. I also remember talk of someone stating that ACTM has bought back shares of itself? Not exactly sure what that means.