Are these the actions of a company that intends to stay in business? I would hazard a guess that the answer to that question is "No." Who would be foolish enough to keep their money with mtgox after 3 weeks of silence, and now with them seemingly erasing their footprint off the Internet? Even the worst businessperson would know their actions are jeopardizing their viability as a business.

So, based on that assumption that they know they will no longer be in business, you need to decide, are they going to make their users whole before shutting down, or not? Again, I would hazard a guess that the high-probability answer is that they will not make their users whole. If they had enough money, it would seem that knowing they are going to go out of business, the best thing to do is make their customers whole and close up shop.

The fact they aren't do this, to me, suggests they are attempting to protect themselves. If my guess is correct, then it suggests that they don't have enough money and are trying to figure out how best to save themselves from being sued or worse.