Tihan said their fund will already be pursuing legal action against the consultancy. And the consultancy aren't the owners and don't have assets anyway.

Legal action is needed against Tihan and "wendon" (the mysterious owner, Tihan is supposedly a middle-man according to patrick). Both the venture capital fund and the bitcoinica legal entity in new zealand should be the focus, ultimately it was their responsibility which they psssed on to the consultancy. And, they actually have the assets to cover the losses (they also invested $500k in coinLabs).