Okay... that was a long time I won't get back lol...

Still unclear of a few things...

1 ) Did he "cheat" in the winning of this 38 bitcoins? If so, then no question it doesn't go to him, but barring that, and havent seen anything on that yet, your not entitled to his winnings.
1a ) If he didn't cheat... he gets the winnings. I'm fine with VERIFIED scams he's done being paid first (Quicksilver, etc) but has to have proof to get piece of this money.
2 ) If he did cheat, most sites would void winnings, but still return original deposits, so in any case, keeping all 38 btc is not good business sense....

If Im missing something serious here, Im sorry, mind went blank about page 9 going numb to this lol