In other words you don't believe there will be a criminal investigation to discover where the BTC went.
Quite the opposite. If MtGOX is liquidated by the court, there may be a criminal investigation, initiated by the liquidators or by clients. If Sunlot takes over, who knows.
We do not know who will do the audit. We know that Sunlot will distribute and spend the remaining coins without waiting for a criminal investigation. We know that they will have no obligation to release all the audit data so that the public can check it. We know that they will let Mr. Gay-Bouchery off the hook even before the audit. We know that their PR person has not answered when asked whether they will "pardon" Mark too.
[ You think that ] The court doesn't care about whether a deposit is real or not. Why not?
The court certainly will care. Sunlot will not care about deposits/withdrawals, it will use the account balances.