the FBI won them fair and square.
yeah, if by won you mean stolen and if by fair you mean using violence and coercion
They now control the private key to those coins. Does anything else matter?
*I still would love to know how they obtained them.
AES-256 ASIC hardware i would imagine... or god forbid a 10 dollar wrench

...as leet as DPR was, he used some pretty shitty judgement along the way, i'd be willing to bet his passphrase was less than stellar -and by stellar i mean 20+ char (special/num/upper).
No, I bet he gave up the passwords as part of a plea agreement. They definitely did not bother to go crack it themselves. He was intimidated into giving it up.