The finder did try to return it to Apple. Apple didn't want to know anything about it until the headlines were all over Gizmodo. Only after that they reacted. If Apple is uncapable of getting message from whoever answers the phone there to who should handle the case then shame on Apple. Huge shame on Apple. Not the finder.
Just b/c no one at Apple's switchboard thought he was for real does not mean Apple was relinquishing it's property rights to the phone. The finder started off on the right track but then went wrong. He should have either dumped it at the police or stored the phone away and sent off an email to Apple legal... or even emailed Steve Jobs, he seems to be answering emails these days.