More gross negligence then. They can't use customer deposits to pay for legal defense, so what is their excuse for not paying refunds? Childish revenge?
It is irrelevant whether or not the funds would be used for legal defense (one presumes they would not).
If lawsuits are threatened, as another mentioned, most lawyers would advise stopping refunds until all legal challenges are completed and the court settles refund amounts and claimants. Bitcoinica would not want to refund, and
then have a court show they should not have refunded X amount to Y person.
So, good show, chaps. You have now delayed your refunds for at least another year or two.