I'm going to go way out on a limb here and suggest his goal wasn't to actually get 28kBTC in restitution, and I'd be shocked if he gave a quarter damn about what the courts think is "legal."
The amount amount wasn't the point. The courts couldn't order (even if they wanted to) that he be paid a single satoshi (or gram of gold). Demanding someone do something they can't makes you either ignorant (if you don't know) or just stupid (if you do).
Oh - that just adds to the story's appeal for news agencies to run.
Maybe it's not as fantastic as demanding twelve magic gold-producing octopi which he considers equal in market value, but then nobody would take his other points seriously (as opposed to now, where almost nobody takes his other points seriously).