the article isn't about FDIC money. the NFA regulates futures firms, not banks. the only "bank" angle here is that the futures firm pledged customer funds to a bank as collateral for a loan -- and then defaulted. The outrage is that the court ruled "damn the customers" whose money it was -- the bank is senior creditor.
I suppose in a civil court they could argue to divvy up the bank on behalf of the customers.
If she knows that, maybe she just isn’t very good at communicating.