It would be interesting to audit BFL's power consumption, at the business location and employees homes, and homes of relatives/friends.  I'd bet there would be some pretty huge power bills that can't be accounted for, even after the admitted mining.  Instead of following the money, they should follow the power consumption!

And, to state the obvious: it feels like the lawyers don't quite have the same level of understanding of crypto that Josh does; I hope they are bringing some smarts on board!

Like Josh said, they had 65nm equipment 6 months before shipping.  Who knows how much they mined and kept at that point