Just saying ....
No.
If you aren't the sole controller of your private keys, you don't have any bitcoins.
Those unfortunate people had promissory notes issued from a site known for facilitating trade which is considered illegal in some countries. Apparently they thought it was a good idea to place trust is such a site. In today's world, one must be more careful.
Disclaimer: I see no reason why individual adults engaging in voluntary exchange should be illegal.
Yes and No. You are right that vendors didn't own the coins in question (for the reasons you give). My language was loose. But somebody (i.e. the owner of the site) did. And the FBI clearly stole the private key and associated coins from him/her/them.