The victim of the crime (Apple) doesn't have any say over whether charges are pressed in the matter...that's entirely up to the DA. I can say that I'm pretty sure that in that tech community it isn't just Apple that would be concerned about issues like this...if the DA did nothing, then it likely would send the message that it is okay to take something...including a prototype...and expose it to the world. I don't think other tech companies want that precedent set.

It is pretty clear that laws were broken in this case...especially with the fact that Gawker and Giz gloated over this situation...publishing their accounts...and if those stories don't line up with what they find on those computers...well...hope they get some better lawyers.

Let's be honest...they knew it was a real Apple prototype...because they paid $5k for it...and they should have known (as Engadget's legal team told them) that by purchasing said phone...they were breaking the law. By paying $5k for it...it made it a felony...and by doing it over State lines...it may even become a federal issue.

I would tend to agree that the actions by Mr. Chen suggest a crime took place. Why would he pay $5000 for a phone if he did not feel there was a chance to scoop a prototype product? Mr. Chen is trying to skirt his due diligence and state that he tried to contact Apple Support while brandishing an SR # as proof. I personally feel there will be a legal decision in the future that Mr. Chen did know this was a legal grey area and that Mr. Chen made insufficient effort to make it appear as if he tried to return the phone to its respectful owner. However, the act of purchasing a phone which was not his, knowing who the owner is, and exposing company prototype's secret workings to the world has got to lead to a conviction once the Apple's legal team sends the nuke.