DA Presses Charges in Lost iPhone Case

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The Santa Clara County district attorney's office is filing theft charges against the guys that found that prototype iPhone last year and sold it to Gizmodo. No charges for knowingly receiving stolen property or possession of stolen property have been filed against Gizmodo or its parent company.

Steve Wagstaffe, the district attorney, said in an interview today that his office will file charges against Brian Hogan, the man who allegedly found the prototype in a bar after it was left there by an Apple engineer. Neither Gizmodo nor its parent company Gawker Media have been charged with any crime, Wagstaffe said.
 
Legally, not if you know it is not yours. You must, at the very least, make good faith and reasonable efforts to discover the rightful owner and return it. If you do not, you may be charged. The penalties are typically not as bad as if you were to have actively stolen it from someone, but you sort of did if you had the opportunity to return it and didn't.

Them's the rules.
 
While it may have been a somewhat douche move, I wouldn't call it theft.
 
I thought that I read that he contacted Apple multiple times that he had a prototype Iphone and they never took him seriously.
 
Would have liked to see Gizmodo get whacked in this, but they must feel that their perma-ban from Apple events is much more damaging to their Apple trolling ways.
 
Little guy amongst tall giants gets farked again.
 
If Apple wasn't involved, the DA wouldn't be trying to charge someone who found a phone with a crime that didn't happen.
 
I thought that I read that he contacted Apple multiple times that he had a prototype Iphone and they never took him seriously.

Here is the story: http://gizmodo.com/5520438/how-apple-lost-the-next-iphone


"He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luck. No one took him seriously and all he got for his troubles was a ticket number.

He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rang. What should he be expected to do then? Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?"
 
this is just apple abusing its monopolistic power i bet they fucking bullied the DA to file charges or at least gave him a free iphone ;)
 
Here is the story: http://gizmodo.com/5520438/how-apple-lost-the-next-iphone


"He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luck. No one took him seriously and all he got for his troubles was a ticket number.

He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rang. What should he be expected to do then? Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?"

It will be interesting to see how this plays out. Has Apple ever admitted that they were in fact contacted by this person about the phone?
 
Since he made an effort to contact apple and return the phone, he should be good. He'll be out the money it's gonna cost him for a lawyer unless he can find one that will do this case pro bono for the publicity of defending him. I don't know california case law, but he'll probably get off with just a big legal bill.
 
If his attempts to return the phone to Apple were genuine then he should be permitted to sell it.
 
Another link in the chain of events I'd like to call "Reasons why I will never, EVER support apple again"

Hell they pissed me off so much that when I received an ipod for xmas from my folks, I just had them return it and used the money to take them to dinner because until Apple drastically changes something, I will never be willing to accept that somehow some part of me led to their support.
 
I thought that I read that he contacted Apple multiple times that he had a prototype Iphone and they never took him seriously.

If he has the proof (phone records and ticket information), then he may get off on this. It seems he did his due diligence.

If the DA is ignoring that information, then he's just out to waste tax payer money.
 
The case behind this is and will always be hilarious to figure out

Guy finds Iphone 4

Guy tries to return phone to owner

Owner denies its their phone, that guy has "A fake iphone 4"

Guy decides to sell iphone 4

Gawker buys iphone 4 for $5,000

Apple contacts gawker and goes "Give me back our phone!"

Gawker refuses to give back phone, because Apple told the other guy repeatedly it wasn't a iphone 4 and wouldn't take it back. but now that gawker -ie- the tech world had the phone, suddenly apple wanted it back

Gawker will give them back the iphone 4 if apple can prove its theirs, and that they have to prove the validity of their claim for the phone -ie- confirm that the product they are holding is really the product they are asking for back

apple goes completely wishy washy going "We will not confirm its a iphone 4" "We want our phone back!" "You are blackmailing us into saying its a iphone 4" "We will not be strong armed into describing our phone" and instead involves the police

The police move in, but hands are completely tied because apple STILL refuses to acknowledge whatever gawker is holding, so gawker continues to hold onto the phone, then finally just gives the phone back out of good faith, and moving forwards with what they believe to be a iphone 4 they publish the details of the phone

Apple is OUTRAGED that gawker is calling the phone they got was an iphone 4, and that "Gawker was seriously hurting our business" because since they were publishing the iphone 4 was coming out, iphone sales had near stopped completely, but they don't have a leg to stand on because apple STILL refuses to claim what gawker had was a iphone 4

Apple less then 2 months later in june announces the iphone 4, to which jobs says he was "Strongarmed" into revealing it and producing it early due to "What gawker did"

Now people are sueing and charging each other left and right

if apple hadn't been so damn STUPID and just asked for the phone back from the guy to begin with, he would have never shopped it around, gawker being a -NEWS SITE- wouldn't have gotten the story of the decade, and this would have all been over

Instead, apple kept asking for its stuff back, while refusing to acknowledge WHAT they wanted back, when the damage was already done because they refused to admit the guy who found it had a iphone 4 to begin with, and didn't think he would try and sell it to a news site. That's like somebody buying a car, somebody running up and going "Hey! That's my car! You bought a stolen car!" but then refusing to offer -ANY- evidence that said car was theirs

In short, apple messed up bigtime
 
If he has the proof (phone records and ticket information), then he may get off on this. It seems he did his due diligence.

If the DA is ignoring that information, then he's just out to waste tax payer money.

Sounds like the DA just wants to add a notch to their convictions record to make the DA look better to the voters.
 
Sounds like a waste of the DA's time. I'm sure he can come up with more important cases?
 
Legally, not if you know it is not yours. You must, at the very least, make good faith and reasonable efforts to discover the rightful owner and return it. If you do not, you may be charged. The penalties are typically not as bad as if you were to have actively stolen it from someone, but you sort of did if you had the opportunity to return it and didn't.

Them's the rules.

I really dislike rules that protect the stupid.
 
I don't have a lot of sympathy for this guy. From what I understand, the phone was left at a bar, where the guy "found" it. Why did this guy take the phone home with him? If you find something like a phone in a bar or restaurant that is not yours, it was almost certainly accidentally left behind, and that person will likely want it back and be looking for it. The HONEST thing to do is to give the item you found to a manager, so that when the person the person who lost it returns looking for it, they can get it back. If you just take it home, you prevent that from happening. It's tantamount to stealing, even if you plan to "look for the original owner" before keeping it for yourself.

I think this guy's effort to return the phone are like OJ's effort to "find the real killer". What if the phone actually didn't belong to Apple? The finder had no way to know who that was or contact him so the actual owner would have been screwed.

To me, that's the crux of the issue - Could the guy that lost the phone have gone back to the bar and retrieved it if this bozo hadn't taken it? DID the guy that lost the phone go back for it, with no luck because it was already taken? I bet he did. And that makes it theft, IMHO.
 
Should have sold it for cash and hid his identity, and he would be free to buy hookers and blow
 
I really dislike rules that protect the stupid.

It's protecting everyone. For someone to lose something (that perhaps fell out of their pocket) doesn't make them stupid. And to have the rules be otherwise would basically mean you're free to take anything that isn't nailed down that the owner doesn't currently have their eyes on. Do you really want the law to support people swooping in and taking your stuff the moment you're out of sight of it?

I say: if it's obvious something isn't abandoned (ie: the owner has not claimed it after a sufficient waiting period like 30 days), you have no right to take it home or claim it.
 
Doesn't DAs get elected nowadays? they probably do this to be strong on anti-corporate behavior to get corporate support. That's why they're using the guy and not the company.
 
First off... it is the San Mateo County D.A.'s Office.... not Santa Clara.

I was a prosecutor there for many years and worked directly for Steve. These are good people who have to make tough calls every day. The two knuckleheads who had the phone are pretty much a slam-dunk conviction... assuming you don't get knucklehead jurors.

Contrary to popular belief, at least in San Mateo County, the D.A. is not beholden to "corporate overlords". If there is a crime committed, it gets prosecuted, or not, regardless of who the victim is.


Not that it makes any difference, but Apple is not in San Mateo County. Cupertino is in Santa Clara.
 
First off... it is the San Mateo County D.A.'s Office.... not Santa Clara.

I was a prosecutor there for many years and worked directly for Steve. These are good people who have to make tough calls every day. The two knuckleheads who had the phone are pretty much a slam-dunk conviction... assuming you don't get knucklehead jurors.

Contrary to popular belief, at least in San Mateo County, the D.A. is not beholden to "corporate overlords". If there is a crime committed, it gets prosecuted, or not, regardless of who the victim is.


Not that it makes any difference, but Apple is not in San Mateo County. Cupertino is in Santa Clara.

If the story that is going around about this phone is true, what exactly is the crime here? If you come across something that is owned by someone else, and you try to return it, and they say it's not theirs, or they don't want it, what exactly is the crime?
 
If the story that is going around about this phone is true, what exactly is the crime here? If you come across something that is owned by someone else, and you try to return it, and they say it's not theirs, or they don't want it, what exactly is the crime?

Exactly!!
 
First off... it is the San Mateo County D.A.'s Office.... not Santa Clara.

I was a prosecutor there for many years and worked directly for Steve. These are good people who have to make tough calls every day. The two knuckleheads who had the phone are pretty much a slam-dunk conviction... assuming you don't get knucklehead jurors.

Contrary to popular belief, at least in San Mateo County, the D.A. is not beholden to "corporate overlords". If there is a crime committed, it gets prosecuted, or not, regardless of who the victim is.


Not that it makes any difference, but Apple is not in San Mateo County. Cupertino is in Santa Clara.

Your kidding right, DA's are crooks and on the take period. Good case inpoint look at Florida and what that DA did in his quest to convict someone knowing full damn well they had nada, zelch and zero evidence to do so. Hell that DA that went against Casey Anthony even tried to put forth a fraud that was uncovered during trial. Guess where that DA is now, he is GONE and thank god. I hope and pray that the attorney's for Casey Anthony goes thru with filling fraud charges and filling a format claim/dispute to the BAR against that "FORMER" DA.

We dont need any more lying bullcraping DA's who will fabracate evidence just for personnal and or political gains.

Now lets get to this case. If this person can prove and all that good stuff what charges is he being charged with. If he tried his best to contact Apple and Apple denied that is their phone and all how is it this persons fault.

As it was asked by complexx

"If the story that is going around about this phone is true, what exactly is the crime here? If you come across something that is owned by someone else, and you try to return it, and they say it's not theirs, or they don't want it, what exactly is the crime?"

So dont give me the bullshit story that DA's are not on the take. I will call you a bullshitter for making such a statement. For the record I hope this guy gets off and then turns around and sues the F out of the DA/Country or who ever he has to.
 
Your kidding right, DA's are crooks and on the take period. Good case inpoint look at Florida and what that DA did in his quest to convict someone knowing full damn well they had nada, zelch and zero evidence to do so. Hell that DA that went against Casey Anthony even tried to put forth a fraud that was uncovered during trial. Guess where that DA is now, he is GONE and thank god. I hope and pray that the attorney's for Casey Anthony goes thru with filling fraud charges and filling a format claim/dispute to the BAR against that "FORMER" DA.

We dont need any more lying bullcraping DA's who will fabracate evidence just for personnal and or political gains.

Now lets get to this case. If this person can prove and all that good stuff what charges is he being charged with. If he tried his best to contact Apple and Apple denied that is their phone and all how is it this persons fault.

As it was asked by complexx

"If the story that is going around about this phone is true, what exactly is the crime here? If you come across something that is owned by someone else, and you try to return it, and they say it's not theirs, or they don't want it, what exactly is the crime?"

So dont give me the bullshit story that DA's are not on the take. I will call you a bullshitter for making such a statement. For the record I hope this guy gets off and then turns around and sues the F out of the DA/Country or who ever he has to.

Hmmm.... ok... so anecdotal evidence proves your point in your opinion. Well... no use trying to have a conversation with people like you. If you think that all or the vast majority of DA's are "on the take" or in it for personal or politcal gain, I won't say anything to change your mind.

However, actually being someone who made these decisions and saw how charging decisions are made and as I said, this was *my* experiencewith this *particular* office; these are people who care not about the politics or personal agendas of crimes they prosecute.

Maybe you who has never done this job nor know the people involved know more than I do on the subject..... so I'll leave you to your unsupported conclusion.
 
If the story that is going around about this phone is true, what exactly is the crime here? If you come across something that is owned by someone else, and you try to return it, and they say it's not theirs, or they don't want it, what exactly is the crime?

Well.... you are correct. *If* these rumors are in fact true, that would be a good defense against those charges.

Go read the arrest warrant on the case. It is an interesting read.
 
Hmmm.... ok... so anecdotal evidence proves your point in your opinion. Well... no use trying to have a conversation with people like you. If you think that all or the vast majority of DA's are "on the take" or in it for personal or politcal gain, I won't say anything to change your mind.

However, actually being someone who made these decisions and saw how charging decisions are made and as I said, this was *my* experiencewith this *particular* office; these are people who care not about the politics or personal agendas of crimes they prosecute.

Maybe you who has never done this job nor know the people involved know more than I do on the subject..... so I'll leave you to your unsupported conclusion.

Again look around as to what is going on. In your mind no DA can ever do wrong and they in your eyes are GODS. I will paint ALL DA's with the exact same brush and that they are frauds and crooks who are on the take. On the take for personnal and or political gains. happens each and everyday in this country.

I after all this time would think that the DA's of this country would have woken up after the Duke Lacross scandle. But to my amazment this crap still goes on. The DA of Florida committed fraud by trying to introduce a fradulent piece of evidence. This evidence was further found that the DA even tried to hide said lab techs who did the testing and reports. It was also found that the reports were doctored and changed to reflect a guilty result.

Dont tell me that DA's arnt crooks and frauds. For you to come in here and defend the actions speaks volumes as to the true state of the legal system and especialy to the crooked DA's in this country.

Maybe I shouldnt paint them all with the same brush but time and time again stories of corruption, fraud and payoffs surfaces and then all hell breaks lose. Sorry but until I see a total change to the entire DA system I will keep on feeling the way I do.
 
Again look around as to what is going on. In your mind no DA can ever do wrong and they in your eyes are GODS. I will paint ALL DA's with the exact same brush and that they are frauds and crooks who are on the take. On the take for personnal and or political gains. happens each and everyday in this country.

I after all this time would think that the DA's of this country would have woken up after the Duke Lacross scandle. But to my amazment this crap still goes on. The DA of Florida committed fraud by trying to introduce a fradulent piece of evidence. This evidence was further found that the DA even tried to hide said lab techs who did the testing and reports. It was also found that the reports were doctored and changed to reflect a guilty result.

Dont tell me that DA's arnt crooks and frauds. For you to come in here and defend the actions speaks volumes as to the true state of the legal system and especialy to the crooked DA's in this country.

Maybe I shouldnt paint them all with the same brush but time and time again stories of corruption, fraud and payoffs surfaces and then all hell breaks lose. Sorry but until I see a total change to the entire DA system I will keep on feeling the way I do.

Sorry.... I guessed I missed the part where I claimed all DA's are Gods. But good straw-man argument there...

So just so I have your logic straight, two cases are evidence that the system is corrupt. I'm sure you are aware that there are literally hundreds of thousands (probably millions) of cases filed every year. I also assume you understand what anecdotal evidence is.... or maybe not.

In addition to this specious brand of reasoning, how is it that me taking a different view than yourself "speaks volumes as to the true state of the legal system"? I'm honestly curious.

Lastly.... what is this "total change to the entire DA system" you are proposing? I rarely engag trolls... but I usually kicked people like you off my juries and avoid them IRL, so your thought process truly fascinates me.
 
something tells me if the victim was a big name like Apple, the DA wouldnt even give the case a glance through
 
something tells me if the victim was a big name like Apple, the DA wouldnt even give the case a glance through

That's not how it works though. The police agency (I think it was RWCPD) submits a report to the DA's Office. A charging deputy reviews the case to see if a crime was committed. The VAST majority of filed cases are low-level misdemeanors such as this.

Happens everyday regardless of who the victim is....
 
Here is the story:
"He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luck. No one took him seriously and all he got for his troubles was a ticket number.

He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rang. What should he be expected to do then? Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?"

So his next logical step was to sell it to a technology reporting company?

Boo Hoo. Sure, the first part being true is a big deal, and had it ended there, he'd have my support 100%... But selling stolen property is selling stolen property. Good faith doesn't begin to enter into it.
 
You are all missing a caveat here. This is an iPhone, which is a GSM phone, meaning it has a SIM card which tells you who the Provider is (not to mention you can punch in, I think #3 or *3 and universally be connected with the provider's support line) so all the guy had to do if he was legit as contact the cellular provider and say "I found this phone, the SIM# is 123456" and they would have arranged for him to deliver it to an AT&T store where they would then return it to it's owner.

Also, as stated he could have turned the phone over the the manager on duty (but for sake of argument, maybe he didn't think of that at the time and/or figured the owner would just sell the phone despite this (which is sadly quite common))

The guy obviously was trying to get something out of apple (either information, $$$, or something else) by trying to force them to admit it was a prototype iPhone4. He was NOT being a "good Samaritan"

Of course it is *possible* that the guy was just an idiot... if he had found a Samsung phone, would he have called Samsung??
 
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