None of that matters because they can do what they like and want with the money. Even if Chris lies and says all the money went into development, when it didn't - that wouldn't be illegal.
Investors can sue individuals and companies at any time, and for any reason. It's a civil issue. e.g. if investors put money into CIG, then the project fails, and the investors later find out that money which could have gone into the project was embezzled or used (see Unjust Enrichment) improperly, they can sue the company and its execs. If in fact that's what happened, then they would win.
Backers are not investors. So nobody gives a shit about them when it comes to accountability. It doesn't matter if Chris put 10% into development, and the other 90% went to his friends and family unjust enrichment program. Backers already agreed to ALL of that when they agreed to the latest ToS which states that it doesn't matter what the circumstance, CIG doesn't have to deliver a game of any kind. And even if they refuse to provide the financial accounting promised if the project fails, the only recourse backers have would be to file an arbitration case.
Only the Feds (FTC, FBI) and State authorities have the ability and capacity to seek any such accountability. And for the amount of money involved, when this project finally collapses, I am fully confident that those investigations will eventually come.
The only thing the CryTek lawsuit is going to do is give CryTek access to the financials via discovery. I fully expect that CIG will file to have them under seal and visibly only to CryTek and its attorneys - and CryTek may or may not oppose that. I don't expect that they will oppose it, nor do I expect that the judge will grant such a request.