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It’s pretty simple. You need intent to permanently deprive to be theft, and there’s little chance they can nail down anybody with that intent in that case. They’re not out to make you whole, they’re out to arrest people. Even if they could make a criminal case, you’d have to go through the civil courts to get restitution. Since it’s not a situation where they can realistically make an arrest, your only options are civil.
It’s pretty simple. You need intent to permanently deprive to be theft, and there’s little chance they can nail down anybody with that intent in that case. They’re not out to make you whole, they’re out to arrest people. Even if they could make a criminal case, you’d have to go through the civil courts to get restitution. Since it’s not a situation where they can realistically make an arrest, your only options are civil.