In case of whirlwind...
In case of ChipMixer...
Cases are very different, so it should be viewed separately.
In case of Whirlwind, funds were held in an Escrow by minerjones. Initially, funds were dedicated for Whirlwind's review campaign. Everything went as expected and funds were re-allocated by whirlwind to get an escrow fund to ensure trust as far as I know. There's been a statement from Whirlwind
The 40,000 DAI are still in escrow with minerjones and we are able to send much more than that if the risk of us stealing the funds proves to be the problem, but at a certain point our users would have to trust us regardless until we completely decentralize the service so we are not sure it makes much sense to do that.
So, in my opinion these funds are still valid for possible refunds of damaged customers but I would also say if a Bitcointalk community vote was held, funds could be spent otherwise.
It's mainly public funds now. But not exclusively.
In case of ChipMixer, funds were dedicated for weekly rewards of ChipMixer's Signature campaign. The funds served a defined purpose. In addition to that, last round of weekly rewards have been paid but interestingly, the transaction came from a different wallet than usually (usually it comes from 1Chip... wallet). Should be investigated where it came from, maybe there's more.
And as far as I know, only DarkStar_ had access to the wallet, while the wallet was topped up every 5 or 6 weeks by ChipMixer.
A reply from DarkStar_ to clarify where he / she sent the funds and why would be interesting.
After all it's also public funds and the purpose of these funds should happen by a democratic decision of Bitcointalk's community. It's what happens to public funds.
We would only need to decide who's eligible to vote in case of a decision: just campaign participants, in addition to campaign participants certain ranks (Hero / Legendary) or everyone above Member rank / xx Merit earned?
After all, it's essential to make a fair decision here.
But I'm not the one to decide that, whole Bitcointalk community is.
The issue has been in discussion randomly in ChipMixer ANN thread, in a thread in Meta.
So far, not really much has been discussed about it, so it'll get interesting to investigate this.