Apple will not help.
iCloud: Find My iPhone Activation Lock in iOS 7
The previous owner will either have to give you the Apple ID and password:
Is there a way to find my Apple ID Name if I can't remember it?
Yes. Visit My Apple ID and click Find your Apple ID. See Finding your Apple ID if you'd like more information.
How do I change or recover a forgotten Apple ID Password?
If you've forgotten your Apple ID Password or want to change it, go to My Apple ID and follow the instructions. SeeChanging your Apple ID password if you'd like more information.
Or remove the device from their account. That requires them knowing the ID and password
Find My iPhone Activation Lock: Removing a device from a previous owner’s account
If you can't do that return the iPod for a full refund.
If yo can't do that then turn into police since all you have is a thin brick that is also a poor flashlight. It is likely the iPod was stolen or lost.