Yes, and lots of people end up on the bad end of the judicial system as well. There is no perfect solution for this, it isn't computer code, it's people, it's all just shades of gray. I think the "expected value" of having people I trust help me keep my accounts safe but recoverable is much higher (and much much cheaper) than that of thinking I'm going to successfully sue someone to achieve the same thing.
Well, there's a reason why civilisation is built upon private contracts and the rule of law, and not upon unenforceable agreements between individuals. It's because, even though none of the solutions may be perfect, one is clearly better than than the other.