I disagree. If they intentionally set the phone up to be taken, then they are definitely still committing a crime. Thats like saying that Balloon boys parents weren't committing a crime because their son was "missing". They made the kid go missing. The guy is going to jail.
If Apple really was going to run a scheme like this, they would have to be much more confident in their ability to control leaks than they have proved to be in the past.
This.
OP post = dumb.