Depends on the countries laws. What makes you think anyone attorney is going to prosecute the theft of a "digital currency." At this time in the world most people when informed of bitcoin think it's a toy currency.

Law enforcement aren't necessarily terribly keen on pursuing difficult crimes, especially when the victims are as uncooperative with the investigation as Bitcoin users have historically been

not suggesting this is what happened as it's the first time i even hear about them.

but i've seen people do worse illegal risk/reward decisions before. much worse.

It is impossible to prove either way.