We do not know details, giving the benefit of the doubt, he didn't use customer funds to pay for anything. (it has been suggested that is criminal, I have no idea) Since he wasn't charged with that crime, the money MUST be available to be returned to customers who didn't receive the product they ordered. It has been reported that he didn't return money from checks.
So, either it can't be proven beyond a reasonable doubt that money was spent elsewhere, or it is available for return.
Anyone care to add to that thought?
P.S. I'm just a homeowner using a EA toothbar that I love, but lost all respect for EA based on some solid sounding information, regardless of how many holes some people claim that information has.