So, finally there are 2 parts in the equation: We have the REAL people that gave REAL money to buy BTCs off MtGox and we have a bunch of "ghost" accounts, un-verified, that allegedly bought and sold millions of dollars in BTCs and require a share of the pie. Now please tell me; if it was you in the place of Kobayashi; would you be treating the same both parts?
Can you, or anyone else, say any more about these alleged "ghost" accounts? For example, would you consider the phony ones used by Willy and Markus bots to be ghost? Of the 650,000 BTC that went missing, how many of these were held in such accounts? That seems like a very important point that distinguishes Mt. Gox from the typical Ponzi set-up. How would the ghosts accounts be handled by the trustee--pay them off in ghost bitcoins?
Ok. Let's get the facts straight.
1. There were legitimate accounts with all their data verified, even received their physical "MtGox Keys".
2. There were some accounts that were NOT verified, yet again they were able to transact and their accounts were active with real BTC/Money.
3. There were the ghost accounts like Willy and Markus bots which were used by someone to pump and dump the price in order (if we believe the report that recently went out) to manipulate the virtual BTCs and get some Real ones because the MtGox was working on fractional reserve.
Cases #1 and #2 were actual accounts that (even if the 2nd was not verified by the owner) are -even now- able to be matched as non-zero and their transactions could be verified by the log files. The key here is that those accounts should have -at some point, at least once- withdrawn and/or deposited to some other external account. This would have been visible on the ledger and thus would have been verifiable by the time and date of the logged transaction.
In the (rare?) case that the 2nd type of account cannot verify their transactions fall directly to type #3 account.
TL;DR:
We ought to make clear what's real and what's not. There are people for that, doing that for a living; most possible Kobayiashi has them working for him and up until now, got the aforementioned data in his hands as we speak (or he will at some point at the future). For the *REAL* accounts there should be *REAL* rewards as they deserve it. For the fake ones we just forget about it.
PS:
The above expresses just my personal thoughts and nothing more.