We are still discussing this with our legal counsel actually, however filing the theft details pre-emptively from our side may make things easier and faster, and may protect us and our other customers too.
Mt.Gox is covering their bases... Well it's a right thing to do.
To withdraw $40 000 it needs to also be a
VERIFIED account. You cant just setup a new account and withdraw that much money. Unless things have changed....this means they should know who withdrew the money.