For my part, I took the responsibility of 'making good' on the Instawallets that I had induced my friends and family to maintain out of my own funds.

To a large extent I and other associates had more or less forgotten about these funds.  I'm sure I had some residual minor funds in a wallet or two which I had forgotten about.  Of course these were mainly 'de-funded', but that term has had different meanings through this history of Bitcoin.  As an example, I 'de-funded' my Bitcoinica account, but some scammer ended up with about $3k at the time I tap out these words.

Anyway, I cannot claim as a loss the Instawallets that I or my friends/family forgot about, but that certainly doesn't stop the Boussac, Davout, and co from claiming them as a gain.

In the interest of fairness I'll mention that both I the other friend who had significant (and remembered) funds in Instawallet WERE refunded, and in the first round.

My personal re-imbursing of my friend the 5BTC that he lost due to my choice of using Instwallet to get him started were promptly converted into alternate crypto-currencies, and some of them have done quite well.

So in my case, the story has a happy ending, but it would be happier if the criminals (whoever they may be) are identified and brought to justice.  And I'd be a happy to see Phin, at least, get is million $$$ back.  That is a significant loss in almost anyone's world, and a significant gain to someone who definitely does not deserve it (unless Phin is BS'ing which I doubt but cannot rule out.)