plezen it is the court who decides who gets what. Management do not have a conflict of interest as their only obligation under CCAA is to see creditors paid off. There were no concessions made. An open tender took place for DIP financing, Tenor's bid was accepted by the courts with clear reasons, which included protecting some of the asset for shareholders.
Once management who were appointed by shareholders took Crystallex into CCAA shareholders lost all rights and influence. If any crime was committed it took place in or before Dec 2012 prior to CCAA.