I don't see any reason why they cant proof on such, because they were actually hacked,
Everyone knows that they were actually hacked, which is their fault of course, but how can you prove that all the coins seized from this platform is part of the bybit stolen money, when the hackers have moved the coins in so many different ways and directions.
if we could remember that US has been always found doing the same, taking hold on seized coins and they don't return back to the exchange and then each affected users get refunded, can we even proof that governments are not behind some of these hacks?
When assets are seized from illicit individuals and institutions, more often than not, the asset is forfeited to the government after the legal process is complete. In this case though, the authorities have just taken assets from a platform they do not like because they don't comply with KYC laws, i am sure they cannot be sure that the assets belong to bybit.