By now I am sure you have read enough on more reliable sources than Gizmodo to realise where your assumptions are wrong:
The guy who found the phone did not contact Apple at all - his "friend" called Apple Support and that was all. Apple's support techs are not kept in the loop with all the secret products in development, so they naturally would not have any idea that the phone even existed.
The crime is in failing to try to return the phone to its rightful owner. If he (not his friend) could not get through to someone at Apple, a simple solution is to take the phone to the police and let them know where you found it. If no-one claims it after a reasonable period, the police will hand it over to you and it is yours free and clear.
A second crime is in purchasing goods off someone who does not rightfully own them.
Oh, and BTW, Gizmodo also did not make any efforts to return the phone in a prompt manner - they sat on it for a week or two while they took pictures, videos and pulled apart a device they did not legally own. They only returned it to Apple after at least two requests by Apple. Oh yeah, although it is not illegal, Gizmodo sure acted like dicks when they finally decided to hand over their prized toy. A little dignity wouldn't have gone astray.