They could actually have lost the bitcoins. They could be still having technical problems.
Fennecfoxen's theory could be illegal market manipulation, but I wouldn't be surprised if the BTC market is weird enough that it doesn't fit under the laws against that. Or at least that it'd be such a mess to prosecute that prosecutors would all find something better for their careers to do.
Market manipulation in general isn't illegal, so it would basically boil down to if the SEC considered BTC a currency or not.
Should there be the same laws kick in if they drive the price up, by say, adding fake orders on their exchange? I don't even think that should be illegal.
The market should move as it moves, through whichever means: fairness, deceit or ruse. I wouldn't want BTC any other way.
I strongly agree, and I do believe that there's price manipulation going on with the Gox situation at the moment. Is it just an attempt by Gox to make some money back? Or is it something far bigger aimed at damaging the reputation of BTC? Don't forget that Karpeles has recently been vulnerable to manipulation from the USG [1].
But It's surprising that you wouldn't want BTC, when on the road ahead lies Open Transactions, distributed exchanges, and so much more innovation that will take your above statement and put it directly into code. Thus making these wall-street tactics obsolete.
[1] http://thegenesisblock.com/warrant-for-mt-gox-wells-fargo-ac...
So here is a fun exercise, think of bitcoins as soda cans and rethink the whole situation.
But its still probably illegal just about everywhere.
I don't know, but I don't think so. For the law you may be trading in monopoly money at your risk.
So Kome I'll make you a deal, I've got a ownership title for the Brooklyn Bridge and I'll trade this title to you for a case of beer... deal? Deal. Sucka. Then it goes to court. Assuming you can convince the court I knew the title was fake, and the case of beer is worth more than the fake title (maybe the title has artistic merit, or maybe the beer was worthless American Lite "beer" of negative worth) then its pretty cut and dried as fraud.