Need games back

I recommend reaching out to law enforcement, if this person is taking the system online it should be easy enough to find and arrest them and have your property returned. As for the games, games you purchased digitally you can redownload whenever you like.

You just need to be signed into an Xbox One and then you can download any game that you own digitally, it doesn't have to be your home Xbox.

They should be listed as ready to install in your Games and Apps if you bought them digitally.

There are a couple things you should do.

First would be to log into
your Microsoft Account page and click on Payments & Billing > Order History. You need to check if the pruchases were made with your account, and if you want to have them removed, click "Get order help" under the fradulent orders and find details on how
to reach out to representatives who can assist with that. It's also a note that they would appear installed if they used a disc to play them on the console, but are not playable without a disc, even though they appear to be installed.

Also on your Microsoft Account is a Devices section, and if you still do not have your console hardware back, you should remove that console from your Devices associated with your account. That will also further secure your account from unauthorized purhcases
or other security risks.

Additionally, you should review over
this FAQ for digital games, which will provide some more information on how to get your digital games back and how the system works.

Please let us know if you have any other questions or need any further assistance. Your situation is a real bummer, and I'm sorry it happened to you. Best of luck!

If the games you want back are Hardcopies then no Microsoft would not replaces those, if they were purchased digitally from the Xbox Store then they would appear in your games to install list.