I doubt that it's legally his money. If it were, he'd have committed no crime at all and wouldn't be subject to prosecution.
The way I see it, it isn't clear whether Ortega-Luna did what he did with the intent to harm Canales or simply out of expediency. It's possible he thought he was buying a forged identity or the identity of a dead person (a common form of adopting a new identity) and didn't realize it belonged to a real living person. This does not make what he did right, but it does in my mind mitigate his actions somewhat.
Canales did what he did with the intent to harm someone else. Revenge is not any kind of justification for theft. This makes his actions the worse of the two. He had the opportunity to do the right thing, and chose to do the wrong thing.
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