In Nefario's defense: you cant expect him to comply with bylaws if that means he has to violate the law. That would make the bylaws null and void.

As for him stealing funds to pay for his lawyer; getting legal advice certainly sounds like a legitimate business expense to me, one you should have invested in a LONG time ago. Its completely reasonable Nefario would pay that with company funds rather than his own personal funds.

As for returning bitcoins; I personally think its fucked up anonymous asset issuers will now be rewarded for their scams and asset holders will be completely screwed. Asset holders would have to reveal their identity and get nothing in return, since they wouldnt know who to file a claim against. The asset issuers can safely remain anonymous and get to keep the coins that really belong to the asset owners. Well played :S.