I know how frustrating that is.. My video ipod was stolen last year.
I don't know everything about it: but the most likely answer is no. If you call Apple, they most likely will not work with you (it's a very commonly stolen gadget), and so I can't see a way that that could work out.
Unfortunately, I discovered some software and some hardware that can avoid this situation in the future.
iPod Tracker Software: http://gadgettheft.com/
There's also some gadget hardware, that when the iPod gets too far away from your sensor (hopefully not with the iPod), an alarm sounds. Can't remember where I saw this though..
Sorry, this isn't very helpful for the present!
My new Video iPod was stolen at the gym, just weeks after I bought it.
I'm trying to figure out if there is a way to track down the thief via the unit's serial number. For example, if they are using my iPod with their iTunes account, wouldn't they have had to register it's serial number with their Apple ID? And if so, how would I go about getting Apple to help me nab the loser?
(I figure this is a long shot, but I'm steaming mad and it can't hurt to ask)
Thanks in advance...