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It would have to be proven that it was stolen.
As of right now, it's simply a workplace suspension, that might not even hold up in court. So when he loses none of the money, assuming a win in court, then what do you have?
A 9 figure defamation suit.
Edit: Better yet, Rico charge on two counts of conspiracy to commit fraud. First, Ray Rice and "we didn't see the tape." Second, this fiasco. The govt should be pissed off enough for continually wasting the courts time to come down on the league by now...