First off what's a download? If I do a "git pull" on my last day of the job, simply in the course of my duties, could I be accused of stealing from the company?
I think it's safe to assume that if they're pursuing this kind of lawsuit, they have realistic evidence.
I've known people who've done it and I've had to clean up after them when it came to light where the code for certain modules came from. It sucks.