The problem with the law still remains for both parties... as neither one attempted to get it back to the rightful owner (whomever that would be, if it wasn’t Apple’s) and my guess is that no matter whether they say they knew it was Apple’s or they thought it was someone else’s — they’re “nailed” either way ... LOL ...
This is a no-win situation for them.
You see... it’s not an Apple-pushed issue here... it’s a “legal issue” here which just happens to involve Apple. If they both did not believe it was Apple’s iPhone, they still both have a problem with the law and violating it and committing a felony, by not getting it back to the rightful owner, treating it like it is their own (in that it can be “sold” and “bought”). They’re in a heap of trouble even with it not being Apple’s iPhone prototype ... :-)
If anybody has any kind of proof that they contacted Apple, the whole case could unravel.
If the finder claims he called Apple and they told him it was not theirs and he has proof of a call from his phone to Apple then the whole thing becomes a he said she said with the burden of proof suddenly falling on Apple if they initailly denied the call happened.
In fact, charges against Apple could follow.