Idk if it's provable how it was recreated but if you type in "XBAND Rough" into the sampler box at the bottom of the page https://www.myfonts.com/collections/ff-confidential-font-fon... and compare to https://fontzone.net/font-details/xband-rough it's exactly the same and the letter splotching is very distinct in the lower case letters.
Ages ago, I consulted on a case where a converted font was included in a product --- it was even simpler than https://luc.devroye.org/kinch.html since no transformations were applied --- just had to figure out which version of which font editor was used to open up the font file and then which settings were used to re-generate the font in the new format used for the infringing product.
If a digital font file is used as a source, it's probably too much work for the thief to erase all traces of that --- whether or no it should be acceptable to re-create a typeface design w/o crediting the original designer and adhering to their intent in terms of licensing and distribution is a different discussion.
If I were going to knock it off I'd duplicate the splotching exactly, too. I'd prepare as sample as a bitmap, use any of the various raster-to-vector tracers on it to get an SVG, clean up the SVG of any conversion artifacts, then make it into a type format. (Heck, there's probably a fun problem in here to train an algorithm to do the cleanup and conversion. You could probably knock-off the hinting and ligatures, too.)
"It looks the same" is completely different than having been directly extracted from digital source.
If the digital source is the only thing that can be copyrighted, then you have to prove the digital source is what was used inappropriately. If you can't prove that, either because it didn't happen or because there's no technological way to prove it, then you can't prove copyright infringement.