Fraud has to be premeditated. Misappropriation is intentional. I don't think this was either. He probably botched the part of the system that was supposed to put a cap on the sales, and he probably had all sales money go into the same account as regular hashlet sales. By the time he realized that he sold too many, the money was spent, and all he had left was the $10k he actually did set aside for charity.
Considering the huge list of illegal activity, Josh does not deserve the benefit of the doubt relating to anything involving money ever again.
He will now be named and shamed for anything unless he shows 100% transparency that proves otherwise.
Yes, we are not on the guilty until proven innocent. He thought he could be the sheriff in this internet-town but the lynch mob had enough of his utter shit and demand to cut the sheriff down.
ps. there is emails showing far over 10000 BTC in total withdrawals, he had at that time plenty of funds available.