Actually, it does. Fraud requires intent, as does illegal misappropriation.
To clarify, this is fraud in the way that all hashlet sales are fraudulent, but I don't see the evidence that he intended to defraud a charity. I don't think there's any additional fraud going on beyond what occurs during an ordinary hashlet sale. I think it's a fuck up followed by an ugly resistance to make up the difference. There were a lot of really incompetent people making a lot of poor decisions (like the entire concept of Paycoin) and making a lot of mistakes. This smells like a fuck up.
I would contend that he showed intent. He knew they sold 48k prior to making the donation. Therefore, when making the donation he
unintentionally left out the other 38k?