If you were the boss of a large mining pool, would you accept money from that smart contract the attacker wants to set up?
You would be exposing yourself to criminal charges because you accept stolen funds, and on top, you accept stolen funds in return for mining transactions that transport further stolen funds.
For small miners, not a problem. Owners of large pools...beware of extradition.

I think I'd be more worried about PR than about extradition (which won't happen) and criminal charges (that won't be filed).