Currently, it is stored in their hot/cold wallets so it's safe to assume money belongs to them. They aren't going to donate it to a charity if the case is not resolved anyway!
Well, I know about how they will store and stuffs. My point was - if they can not find a valid owner then the Bitcoin should send back to the address where it came from and guess what they won't do that. Keeping 5 Bitcoin or any amount which is not actually their, is kind of taking advantage of the situation.
That could be their secret business model. Don't give a resolution to the case thereby keeping the funds for as long s they want. I'm telling you, this is a million dollar business.
How would you explain it legally? I hope now you understand what I meant.
Speaking legally, bitcoin is not a real currency and hence there are no laws governing it. How can the above case be considered as a theft of money when there is no "legal" money involved here? Quite easy to get away with it.