[CPLX]

You can characterize things however you want. But "theft" and "fraud" are extensively defined concepts in caselaw. Fraud, specifically, is legally defined quite differently than what most people think the word means in common usage and your example here does not have much relationship to it.

[Lerc]

Well I have only seen media reports alleging theft, such as the article linked, they don't necessarily have to conform to legal definitions. A cynical person might suggest that perhaps media coverage deliberately chooses between colloquial, legal, and scientific definitions at will depending on the narrative they would like to create.

Was there ever a charge of theft in the legal sense filed in court?