no way they have access to them. they can say they need to keep the bitcoins in the account for evidence. but the blockchain has the history and they have the servers. they have all the evidence they need. they wouldnt risk him being able to move them. If he remembered the private key he could tell it to the lawyer a few characters at a time... if he trusted him enough to move them.
so i call bs on the fbi having access to anything other then the hot wallet.