[citation][nom]skine[/nom]To analogize it, imagine you invite a person into your house, but after some time they overstay their welcome and you ask them to leave. They leave in a timely fashion, but, on the way out, they grab something that they can carry out easily. Of course, you bring the matter to the authorities and they charge the person. Of course they wouldn't charge them breaking & entering or trespassing, since they didn't break in, and left in a timely manner after your request. But that doesn't change the fact that there was a crime committed.[/citation]
The data that was taken was a list of customers, not trade secrets or proprietary data. The person had authorized access to that data at the time; there was no circumvention of security to access it.
So, if you want to make a more accurate analogy, then it would be like inviting someone to your house, and that person makes a list of all of your friends. You and that person get into a fight and are no longer friends; but he calls all of your friends and starts having them hang out with him and do favors for him instead of you. Now tell me, what crime was committed? As I said before, this belongs in CIVIL court, not criminal.