I do NOT know the details or the extent to which Karpeles or Gonzague would be immunized from liability in a rehab scenario.
We know about Gonzague, the Sunlot PR guy said it explicitly:
https://bitcointalksearch.org/topic/m.6511936I do not know about Mark. Ostensibly, AFAIK, it would depend on the results of that investigation. I asked the PR guy about it, but he did not answer. In fact it seems that he stopped posting on that thread at about that time (a thread that he himself created for that purpose).
Maybe Savegox needs a better spokesperson?
Savegox may be seeking to relieve certain folks from liability including Gonzague and Mccaleb; however, the power to decide to relieve some persons from liability is NOT merely with Savegox. Various customers would need to choose to agree to such a waiver, and the court would need to be willing to go along with such waivers. Additionally, waivers from civil liability would NOT necessarily relieve these guys from criminal liability - however, I doubt that any government authority would necessarily pursue criminal liability, if there were some meaningful global settlement agreement that effectively outlines a transition of GOX and a meaningful path forward for GOX.
A practical matter sometimes is to seek the cooperation of some persons within in order to gather evidence and to hold the most culpable persons responsible. I am NOT sure about the practicality of this.. but if the hunch is that Mark took the coins, then it may be best to get the cooperation of the lower two guys. On the other hand, if all three were running off with coins, then relieving 2 out of 3 might NOT be the fair and just approach.
However, it does appear that the Japanese system is fairly deferential to corporate leaders - accordingly, it remains quite unclear how extensive or remedial any liquidation plan would be.
Maybe, but AFAIK in Japan, as in any coutry, the owners of a failed company have the lowest priority for asset distribution. They only get what is left after all the other creditors (including employees, and, hopefully depositors) have been fully paid. In this case, since assets < debts, that is nothing.
If truly some investigation were to take place and more coins could be found or the personal assets of Karpeles or some of the other top folks could be taken, then maybe liquidation could go farther in the furtherance of substantive justice. I doubt that would be the case, but maybe I am NOT knowledgeable enough to realize that there could be some serious pursuit and tracing of the purported "lost" coins under a liquidation scenario.
