the more i read the more i believe this stinks, lets look at the facts.
The Seller.
1 once phone was found no attempt to to contact bar staff, police or Apple.
2 once the owners identity was confirmed via facebook still did not return, he could have posted his own contact details on the guys status so he could contact him.
3 procede to seek financial gain rather than return the device to its owner.
4 sold device and story.
then you have gizmodo, they could have easily contacted Apple and informed them that they had some one trying to sell them a possible Apple prototype, they could have negotiated with apple to help return the phone for perhaps a earlier sneak peak later on, i would have thought apple would have been very grateful to Giz if they had, however what did they do,
1: conspire to purchase lost and likely stolen goods.
2: then proceed to publicly out this prototype product, then by doing this they massively gained finically from website hits and advertising and hurt Apple by giving there competitors an look at a yet unreleased product.
3: they then proceeded to publicly oust the Apple employee who misplaced/theft victim causing him untold public harm.
4: proceeded to parade Apple legal letter requesting there property to be returned.
To me this really is fishy. TBH i get the feeling this may have even been a staged theft, its not hard to find out what some one does for a living, then follow them around a bit until an opportunity arrises, to me it quite possible the Gizmodo have been involved in organised theft of trade secrets, Apple have seen so quiet on this i think the are cooking up a whole bucket of hell to unleash on Gizmodo.