I don't think this is an Apple hoax. I do think Gizmodo and/or the guy they bought it from is being dishonest at best about how much effort they put into giving the phone back to its owner:
What he never did, however, was notify anyone who worked at the bar, according to its owner, Volcker Staudt. That would have been the simplest way to get the phone back to the Apple employee who lost it, who "called constantly trying to retrieve it" in the days afterward, recalls Volcker. "The guy was pretty hectic about it."
Nor did the finder report it to the Redwood City Police Department, says Sgt. Dan Mulholland. To be fair, no one from Apple told the police the phone was lost, either. I contacted a company spokeswoman to ask why not but never heard back.
Assuming the jury in a hypothetical criminal or civil suit consisted of locals like Volcker, the claim that the seller's actions constituted a "reasonable effort" to contact the owner wouldn't hold much water. "The most reasonable effort would have been to bring it back to us, because he knows that person would be going back to us first," says Volcker. "Why not just make it simple and bring it back?"
See full article from DailyFinance: http://srph.it/9q4EV7