I don't think you will come so far as they will still blame on technical issues for now and claiming that they are working on it. This is a dejavu situation comparing to the Swedish bitcoin exchange company Kapiton, as far they claim that the funds is safe no one can be arrested. If we have any hopes that MtGox will solve this I think we should let them try instead threat with law suites that will just delay or stop them trying to solve the issues . Of course if you got fiat funds it should not keep you from get then out asap. The end of the saga with Kapiton is that I eventually received my funds in the end.