my personal belief is that ED did not start with the premise of stealing BTC, but their mismanagement of funds, as well as not preparing themselves for worst-case scenarios (whale winning all their profits), lead them to this situation.  The funds are their investors', who hold full control over them.  Investors are unlikely to want to pay out the full winnings to this improbable (but not impossible) situation.

It wouldn't have gone down like this if they had been better prepared.  the end result is still the same nonetheless, some people will feel scammed.

by mismanagement of funds, i mean not setting the right policies regarding betting limits and risk mitigation on lucky winners.  not actual misappropriation or anything illegal..  what they did was stupid, not illegal. (not yet at least)