For example, imagine a world where I solicit a bunch of investors money under contract. In the contract I included a provision, no one read, that says any of the member can simply take all or part of the groups investment funds. Then that 1 member who actually read the contract appropriates ~$40M of my investors' money. Sound similar enough? Well there is nothing magical about the DAO or the non-DAO contract that would protect me or the member who appropriated the money from liability, civilly and/or criminally.
What are the potential crimes that could be charged? theft, criminal misappropriation, breach of trust, fraud, conspiracy, computer crime, securities fraud, and/or wire fraud. Now I am not saying all these would be charged and if so found guilty on all counts, but as a defense attorney they roll off my tongue.