Right, because Mt Gox was purporting to be a bank where you could store your Bitcoin, when it actuality it did not have sufficient crypto to pay out depositors

Right, because Mt Gox was purporting to be a bank where you could store your Bitcoin, when it actuality it did not have sufficient crypto to pay out depositors as a result of many hacks and other shenanigans perpetrated by their own employees or contractors and it was openly lying to customers. (By the time of the fatal "hack," Mt Gox was already insolvent.)