If it's theft, why aren't there any comparisons of vertex weights, UV maps, even texture sizes? There's only a few ways to retopologize a mesh, especially around joints, so anything there is hardly worth looking at.
I'm more than happy to concede that models could have been largely 'traced', with the original models being used as reference images. That is hardly the lift-and-shift theft that is being claimed by many online, though.
Sure, then I'll expect to see Nintendo litigate as such. It is still not the explicit form of theft claimed by many online, where the models were just 'copied' over by the polygon.