Even though that they are excluded, it's a crime that the legitimate owners have not received their tokens for over a year, they should be able to proceed with their tokens as they see fit ( sell them, vote for refund or against refund).
It's very inconvenient due to the current situation, but definitely not a crime. Despite repeated warnings to not use custodial wallets (exchanges et. al.) when investing Bitcoin, a lot of people did this. Had the NVO team sent their tokens right away to those addresses, they would have been lost for ever. At least this way there is a chance for verification and recovery..
Go broke or go home... that's my motto when it comes to ICOs.
Reminds me of my MobileGO investment. Some details can be found here:
https://medium.com/@samadsajanlal/the-gamecredits-mobilego-gnation-situation-as-observed-by-a-3rd-party-e3345b0d4a50.
