Using an iphone thats been reported stolen?

Discussion in 'Jailbreaks and iOS Hacks' started by Elle928, Jun 25, 2010.

  1. macrumors newbie

    Joined:
    Jun 25, 2010
    #1
    Hi okay so long story short, my sister lost her iphone about a month ago. We reported it stolen, made claims through our warranty thing with amex and got a new one. However, someone found it turned it in and its been returned to my sister. Since she got a new phone, can I use the old one? even though it was reported as stolen? My parents wont let me add a data plan to my line , so if we tell AT&T that it was found, will they make me add it? ( idk if they know that we found it). Someone told me to jailbreak it and use a different carrier..but Im on the same family plan as my sister ...would that work?

    So the question is, can I still use it even though we reported it as stolen? If I restore it or something cant i just put my sim card in it and use it?
     
  2. macrumors 68030

    rjohnstone

    Joined:
    Dec 28, 2007
    Location:
    PHX, AZ.
    #2
    Legally speaking the phone belongs to Amex now.
    At this point you are in possession of stolen property.

    You need to notify them that it has been "found" and let them determine what needs to be done with it.

    If they let you keep it, you will still be required to have a data plan if you use it on AT&T.
    Standing policy for all smart phones now.
     
  3. macrumors 68000

    TMar

    Joined:
    Jul 20, 2008
    Location:
    Ky
    #3
    What rjohnstone said. If you don't tell them and they find out you have it it's either possession of stolen property or they will go after you for insurance fraud.
     
  4. macrumors Nehalem

    Applejuiced

    Joined:
    Apr 16, 2008
    Location:
    At the iPhone hacks section.
    #4
    They wont find out and they dont care just put your AT&T simcard and it will work fine.
    US carriers dont blacklist phones so even stolen or lost phones will still work.
    Update to 4.0 and turn off data in the settings so you can use it just for calls, texts and wifi for internet.
    If AT&T does its periodic scans and notices theres an iphone with no data on your account they might automaticly add the $15 data plan on it.
     
  5. macrumors 68030

    rjohnstone

    Joined:
    Dec 28, 2007
    Location:
    PHX, AZ.
    #5
    I can most certainly guarantee you that Amex cares.
    AT&T may not since they aren't out any money.
     
  6. macrumors Nehalem

    Applejuiced

    Joined:
    Apr 16, 2008
    Location:
    At the iPhone hacks section.
    #6
    I can certainly guarantee that the OP doesnt though :D
    But seriously whats Amex going to do with the found used iphone now? Request you to mail to them?
    Either way is it 100% moral? No
    Would most people just keep it and not say anything? You bet.
     
  7. macrumors 68030

    rjohnstone

    Joined:
    Dec 28, 2007
    Location:
    PHX, AZ.
    #7
    Yes... Amex will ask you to send it to them for disposal.
    They do this with most damaged item claims as well.


    But I fully agree... most people would keep it and not say a thing.

    As for the OP's question about AT&T... I'm pretty sure they will hit them with a data plan charge even if it's deactivated on the phone.
     
  8. macrumors 6502a

    Joined:
    Aug 13, 2008
    Location:
    Coventry, UK
    #8
    Why report it stolen if you just lost it?
     
  9. thread starter macrumors newbie

    Joined:
    Jun 25, 2010
    #9
    well my sister just told us that it disappeared ( shes in college) so we didnt know if it was lost or stolen. We kept calling/texting it, had at&t try to find it, and then reported it stolen.
    The phone isnt very old though, and it works perfectly. and i still want to use itt!! lol. besides, if amex is just gonna dispose it, might as well put it to good use right?;)

    Would I have to re-activate it and jailbreak it so they dont find out? could someone tell me how to do this?
     
  10. thread starter macrumors newbie

    Joined:
    Jun 25, 2010
    #10
    also, is there any way for att or amex to find out that its been found if i begin using it?
     
  11. macrumors 65816

    Joined:
    Jan 29, 2008
    Location:
    Chicago
    #11
    You are committing insurance fraud and asking us to be accessories to it.

    Make no mistake, you are committing a crime. You should contact Amex and ask them what they want you to do with the newly found iPhone.

    Do the right thing.

    The fact that you are asking us if you could get away with it tells me that you KNOW you are doing something wrong.
     
  12. thread starter macrumors newbie

    Joined:
    Jun 25, 2010
    #12
    with the amount we pay per month for warranty and the 400+ annual fee on the amex.... i think thats plenty for them. ;)

    im not saying its moral. its clearly not. but as a 16 year old, i dont think a whole lotta people would return a perfectly usable phone that amex would probably get rid of anyways.

    so if anyone could give tell me how to do this, I would realllyy reallyy appreciate it :) Do i just restore it to factory settings and then stick my sim card in? They deactivated it when we reported it...how can i activate it?
     
  13. macrumors newbie

    Joined:
    Jun 25, 2010
    #13
    Everyone needs to calm down a little.

    My wife is an attorney and I asked her.

    Here is the answer:

    If your sister reported that the phone was stolen and AMEX reimbursed her, technically the phone belongs to AMEX. However, the most that can happen to you is that AMEX request the phone be returned to them. In order for AMEX to sue you for "fraud" they would have to prove that you knew where the phone was the entire time and reported it "lost/stolen" in order to get another one.

    In actuality, you have plausible deniability in that you didn't know you needed to turn the phone over, but certainly will do so when asked.
     
  14. thread starter macrumors newbie

    Joined:
    Jun 25, 2010
    #14
    if they ( att or amex) find out that the old phone was found and is being used now, my sister and i will immediately, without a doubt give it back :)

    and if theyre going to find out eventually, then thats fine. but until then, is there any way i can use it for a little while? :(
     
  15. macrumors 68030

    rjohnstone

    Joined:
    Dec 28, 2007
    Location:
    PHX, AZ.
    #15
    Nope... not unless Amex has some agreement with AT&T to look for items like this, which I know they don't.
     
  16. macrumors newbie

    Joined:
    Apr 2, 2010
    #16

    Hahaha. Thts t most funniest thing I've heard. Do the right thing? Against insurance companies?

    Dude just jailbreak n use it merrily
    :cool::cool:
     
  17. thread starter macrumors newbie

    Joined:
    Jun 25, 2010
    #17

    so all i need to do is jailbreak it? how do i do that?
     
  18. macrumors 6502a

    dvdhsu

    Joined:
    Mar 28, 2008
    Location:
    Palo Alto, CA
    #18
    False.

    Your wife doesn't seem to know what she's talking about.

    What if I gave the phone to a friend, and the friend did whatever they want with it for a month, then gave it back?

    I didn't know where the phone was for the whole time, but I still got it back in the end. That's still fraud.

    And, there is evidence. Right here. If it is the case that I got your IP, I could easily report you to AMEX, and they would demand the phone back.

    This thread serves as evidence that the OP knew exactly what the legal thing was. That's not debatable. The choice is whether or not the OP makes the correct decision.
     
  19. macrumors 68030

    rjohnstone

    Joined:
    Dec 28, 2007
    Location:
    PHX, AZ.
    #19
    It's possible, but not practical.
     
  20. macrumors newbie

    Joined:
    Jun 25, 2010
    #20
    1. My wife was responding to the OP's question, not your hypothetical. His post indicated that the phone was ACTUALLY lost. Not that he pretended it was.

    2. This thread doesn't prove anything at all. None of these comments qualify as actual legal assistance. For all he knows, we are all lying.

    It is very difficult to actually prove, in cases such as this, intent. In order to prove fraud, the insurance company would be required to prove that the person who filed the claim actually INTENDED to commit fraud against AMEX. Company's are almost never able to prove this (it's very difficult) which is why they rarely sue for it (lawsuits for insurance fraud are common--but limited to cases involving large sums that are easily proven). Further, if an insurance company sues for fraud and loses, they not only have to pay the accused court costs, they are then open to a civil lawsuit from the accused for a host of punitive measures. In England these suits are even more rare, as the potential monetary consequences for wrongfully suing are far higher.
     
  21. macrumors newbie

    Joined:
    Apr 2, 2010
    #21
    Wht model is it? 2G,3G,3GS?
    N wht version software it was on before getting deactivated? 3.1.2? 3.1.3?

    Need to chk this info fr jailbreak as each scenario is different!
     
  22. macrumors 6502a

    Daiden

    Joined:
    Feb 25, 2007
    Location:
    Chicago, IL
    #22
    If it was reported stolen to AT&T, it will not work on their network. I'm not sure if they share IMEI numbers for phones that were reported stolen with other networks, but if they don't you could potentially use it on T-Mobile.

    As for insurance fraud, it is possible, but highly unlikely. It is the property of American Express, though, so you are in possession of stolen property because a) it was reported stolen, and b) it does not belong to you. I will not give you advice on this situation, because I'm no lawyer, but if the fact that you're in possession of stolen property does make its way back to Amex they could potentially get the police involved.

    Good luck.
     
  23. macrumors newbie

    Joined:
    Apr 2, 2010
    #23
    Moreover I feel Amex or any company In this case fr tht matter will care about the fone once they hav offered replacement. AMEX is an insurance company not a detective agency to go on checking fr a 300$ device. They hav already made money through t insurance. Everythin shud b fine Unless t phone was a yet to b released model tht was lost in a bar :D
     
  24. macrumors newbie

    Joined:
    Jun 25, 2010
    #24

    I'm not sure if that's true. Though it's been years since this happened, on two occasions in the pre-iPhone era I filed replacement claims on AT&T phones that I had misplaced and then re-discovered, and used them with AT&T service.
     
  25. macrumors newbie

    Joined:
    Apr 2, 2010
    #25
    If AMEX has logged the IMEI number then the phone won't work at all on any carrier. Coz all carriers in the country use the same blacklist of IMEI numbers. This is IF the IMEI has been logged. No harm in using to check. If it works fine. Else it can be used as an itouch!
     

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