Not sure what LoG of withdraw means but since you don't have a note, maybe if you can prove by block explorer that you sent money to a whirlwind address, then you might be eligible for a repayment.
He couldn't prove it.
From what I remember about his case, he lost access to his note because he allegedly kept the wrong private key (from a new browser session). As a result, he can't prove that he didn't receive the funds back because he doesn't have either the private key of the note or the withdrawal LoG. All he has is a deposit LoG.
Now, I'm not exactly sure who should make the call here, but I'd suggest giving the guy his money back, if anything's left in escrow, regardless of his mistakes. After all, his money ended up with whirlwind, and it's not like the casino situation where folks knowingly gamble away their money.