According to CNET, investigators from both counties are trying to determine whether sufficient evidence exists to file criminal charges. It was unclear whether those charges might be directed at Gawker Media and its Gizmodo staff, the unknown bar patron who picked up the prototype and later sold it to Gizmodo, or both.

Denton did not reply to a request seeking comment. also did not respond to a request for comment or confirmation of CNET's report.

Santa Clara County offices serve as the headquarters of a special task force -- dubbed for Rapid Enforcement Allied Computer Team -- that's investigates high tech crimes, including trademark violations and theft, in the Silicon Valley area. REACT also has an office in San Mateo County. CNET said that REACT is involved in the investigation.

A spokeswoman for Santa Clara County confirmed that its district attorney's office oversees REACT, but referred all other questions to Wagstaffe in San Mateo County.

On Tuesday, Brian Lam, Gizmodo's editorial director, acknowledged that the prototype had been stolen, not lost. "Just so you know, we didn't know this was stolen when we bought it," Lam said in a blog post that described . Gizmodo later said that it had, in fact, returned the iPhone to Apple.