Depends on which theory or report we accept as truth at the moment, but it also sounds like there could be negligence involved - and that can be prosecuted.

I'm sure there are some AG's and Prosecutors frothing at the mouth right now to get there hands on Mr. Karpeles.

Edit: Even if the judicial system doesn't get MK... his life is probably ruined at this point if he cannot recover the funds - either because of reputation or personal safety. Bitcoin is the Wild West and there seem to quite a few shady and nefarious actors within the community.