All this complexity is to say that, for the OFAC case, it's unclear to me if it's worth the energy to fight it. I think the judge is incorrect in allowing the core contract on the sanctions list, but the DAO contracts and tokens are quite similar to a company.
What's more important is that if there's ever a clear cut case - an autonomous smart contract that's not paying anyone - then a judge must be convinced the current case is materially different and not useful as precedent. But that's up to CoinCenter and people with stuck ETH to strategise.
The criminal cases are more important, because - even WITH the tokens - they hinge on the distinction between custodial and non-custodial wallets / mixers. Ceding an inch there could be very bad.
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