I'm out $4,000 but what else can I say to prove my case against the CEO himself? $4,000 might not seem like a lot to the wealthier folks but it is a lot to me. Why would I just sit on my Mt. Gox Yubikey that they sent me and never use it until now? I have also sent Mt. Gox my real personal info to get the verified account so they should know me very well. The only argument I can make if this CEO keeps falsely claiming that I didn't use my Yubikey is this:
"When you think about it, the IP address that stole my coins was from China and I am based in the US. Any half decent business would find this to be a red flag and delay the withdrawal. Maybe Mt. Gox is deliberately letting these glaring red flags slide? "
I am sorry for your loss, and I understand your frustration if you are legit.
But your argument will not be accepted.
Yes, mt.gox could have / should have added extra protection measure to allow withdrawal of coins (like previously said: delay / email confirmation / an so on).
But, if it is true that you did not have a 2fa activated, it is your responsability to protect your personal data, and access to the account. You can go in holidays in China. I was there in August, and ask for bitcoins from there ...