I get why Hive believes the hard fork allows them to get away scot-free. But they are wrong. Just because people got together and said this is ok doesn't mean that federal law enforcement will see it that way. And especially when they're sitting on massive losses.
Because of Blocktrades' dual activities, Steemit Inc most likely violated the RICO act in some form or the other. That was and continues to be the DHF. As for Hive, they may get away without a company, but that leaves individuals responsible. That is much worse than a company. It still can be said Blocktrades perpetrated them to do so and again would fall in line with RICO.