The big problem for MGS here is that there has been a long standing belief among players that there was some kind of "bail-out fund" to cover player balances as a last resort. This episode has shown this to be myth & legend, and not fact. This is the FIRST time the ball has landed in MGS's court, and stayed there. In previous instances, players have been "bailed out" because MGS and any liquidators had been able to sell on the casinos in deals that preserve player balances. In the case of the Casino Action casinos, this is what happened after only a couple of months in limbo. Loyalty points were the only asset players lost, but I lost a mere 20, as I had converted the lot only a few days before (and damn lucky too). I had also withdrawn 2200 by instant Neteller payment in the two days leading up to them going bust (when MGS froze the casinos). I was pretty damn lucky
The problem has been with Poker. MGS have now established that poker balances are NOT any safer with MGS than with any other lesser software vendor. It is no wonder that high rollers are reluctant to hold large balances within any of the Prima skins, especially in the current economic climate.
This is not to suggest any other poker network is inherently safer, it all depends on whether the skin you are using is solvent - not something that is all that easy to determine except for the publicly listed companies. Bearing in mind, of course, that the Tusk reports for 2006 gave no warning of what was coming, and only "insiders" would have seen that something bad was unfolding.
As a player, all I noticed was that the casinos were becoming "stale", running the same 2 tournaments, and little in the way of the "jam" promised at the Platinum Elite "do" in Vegas. It turned out that Vinoka & team got the push shortly after, but I didn't make a connection between this, and them going bust the following March. Maybe they were trying to use the casinos to prop up the poker skins, but were fighting a losing battle if poker losses were 5x the casino profits.
MGS will again be under the spotlight once the liquidators declare the process complete, as they will no longer be able to say they are awaiting the outcome of the liquidation. They can be questioned on their position at any of the industry shows that happen after the liquidation is complete - they will find it harder to hide behind their corporate fence, although I expect all they will say is that they will pass the question back to head office.
The faster those owed put their claims in, the faster this liquidation will reach a conclusion. Making a claim now will also show that due process has been followed should there later prove to be a chink in MGS's armour that might allow for a claim to them for the remaining 80%.
Since the Prima network is still running, and presumably making a profit, it might be possible to argue that the Prima network itself is liable for any funds not recovered from the skins, which is probably the tack being taken by those few poker players who have consulted lawyers. MGS's statement is a standard denial of liability, and is simply a legal move that any defending lawyer will advise a client to make. Liability will be decided in court, and may be based on whether there was negligence on the part of any MGS employee or entity, that left players in the dark as to the safety, or otherwise, of their funds.