Sorry, I am not sure I understand what you mean.
I simply suggest Guerrilla tactics instead to attack Kobayashi directly. I think he is a lawyer with several years of professional experience. Moreover, even in Japan. I'm sure he has excellent contacts and certainly knows his stuff. So we have no chance. It's as if Barbarians attack the Roman Empire in an open field battle. We are just wasting time and energy. We only can lose.
I have set myself a deadline to the end of the year. I'm hoping to have developed my tracking system then so far that we can make the 200,000 coins worthless. So Kobayashi can no longer sell them. If he does not give it back to us, they lose their value. We can not beat him legally but we can blackmail him in the normal manner because we are many. With this I had the best experience in the past. I'm an active union member. We can strike! No Gox victim will accept the 200,000 Gox Coins if Kobayashi embezzled these coins. In my view a clear and neat solution. There is no need for a lawyer.
By the way: I have no problems with lawyers, but I think they do not help us here.