Whatever Apple's representatives said over the phone, the cold, hard fact is NO BILL OF SALE WAS EXECUTED so the fellow who possessed it didn't own it! Because he didn't own it his legal options were fairly limited.
was there a “taking with intent to deprive”?
There is no “intent to find and publish a review” law.
nobody said he owned it. when he paid 5k he mere bought the found item with all the rights and duties thereon. He had an obligation to attempt return the item per calif law. This was done. He had an obligation to return the item when the legit owner requested it, that was done.
The real question here: was that a “no review” law violated?