If you know about the theft and specifically don’t ask, you are knowingly receive stolen property and deserve whatever penalty EVGA does.
(This leaves the question of people who just buy stuff on eBay and have no idea about this news story. It would be nice if marketplaces could show warnings next to certain classes of items, but I am not holding my breath on this)
Do the platforms really expect you to ask the seller first? "Not stolen" seems to be kind of implied when buying products, like "not defective", "not smashed into small pieces", or "not actually a box of rocks".