Could you clarify this a bit please theymos. How did he have access to the user deposits? If he was "borrowing" them without authorisation, that's straight up embezzlement regardless of whether he intended to return them at a later time. When did the shareholders become aware that he was spending user deposits and how did you become aware of his intention to replace them with money from BitcoinGlobal? I'm confused about whether the shareholders effectively authorised him taking a "loan" from the business post hoc by agreeing that he would pay back the misappropriated funds from BG money.
I hate to say it, but if you send Nefario user funds knowing full well that he has already misappropriated funds, you're laying yourself wide open to liability. His access to funds needs to be blocked and a way of returning user deposits worked out which doesn't involve Nefario.
Nefario has always held onto most of the user funds so he could top up the hot wallet when necessary. Exactly what funds I should hold was never clearly-defined. I ended up holding all BitcoinGlobal cash on hand plus some of the user funds for when Nefario was away and the hot wallet needed to be refilled.
I assume he's spending user deposits. Maybe he's using his own money, but I don't think he has enough to cover lawyer fees. He said in the meeting that he wants BitcoinGlobal to pay for the lawyer.