D.A.: Apple engineer Gray Powell, outside counsel requested criminal probe of 4G iPhone imbroglio

invisibleSHIELD case for iPad“The criminal investigation into the purported theft of an apparent iPhone prototype came at the request of Apple Inc., officials said Tuesday,” Mary Duan reports for The Silicon Valley / San Jose Business Journal.

“Investigators said they have identified and interviewed the person who took the phone from the Gourmet Haus Staudt on March 18 after it was left there by Apple engineer Gray Powell following a birthday celebration,” Duan reports. “Officials were unable to tell the Business Journal whether that person, whose name has not been released, was the same person who eventually sold the phone to tech Web site Gizmodo.”

“So far, nobody has been charged with a crime,” Duan reports. “‘We’re still not saying it’s a crime,’ said San Mateo County Chief Deputy District Attorney Steve Wagstaffe. ‘The investigation has contacted as many segments of the people involved in this situation, including the person who took the phone from the German restaurant. The police know who he is and they have talked to him.'”

Duan reports, “Wagstaffe said that an outside counsel for Apple, along with Apple engineer Powell, called the District Attorney’s office on Wednesday or Thursday of last week to report a theft had occurred and they wanted it investigated.”

Read more in the full article here.

81 Comments

  1. Marc:

    A. The logo
    B. The purchase was made only because gizmodo thought it was Apples…( as per the fishing bounty)
    C. The letter thebsent apple confirms that they “thought “it was Apples
    D. The complaint, which is the only direct piece if fact clearly sates this.

    To know exactly whats what, an investigation is warranted and due.

    That’s exactly why it should proceed.

  2. Marc:

    A. The logo

    B. The purchase was made only because gizmodo thought it was Apples’s..( as per the fishing bounty offer)

    C. The letter gizmodo sent Apple, confirms that they “thought “it was Apple’s

    D. The complaint, which is the only direct piece of fact, clearly sates this.

    To know exactly whats what, an investigation is warranted and due.

    That’s exactly why it should proceed.

  3. All the Apple haters are out today, they get so anal when the truth is out and then have to bring up how is leaving a iPhone stealing as thoes of us that have read the law that states why this has been looked at as stolen property.

    And really who the he’ll would pay 5000.00$ for a regular iPhone, giz and the thief where aware of what they had and it sure wasn’t a 350.00$ iPhone.

    This was a prototype of the next generation and due to the series of events Apple IP was violated.

    But of course the trolls will spin it anyway they want but in anycase the law is the law and you can’t fight the truth.

  4. @ Fredo
    “Why? Because nobody cares. Because this is VICTIMLESS CRIME.”
    As an Apple share holder I am a victim. Other phone manufactures want to copy Apple. They just got a head start and this costs me money.
    Oh and I bet Gary Powell feels like a victim about now.
    Go invent something Fredo and add something to society you leach.

  5. Tell me what hurt apple? They got widespread press and so much hype for the new iphone that no amount of ad money could have done. I’m sorry but what I have read about how this went down has been nothing but positive for apple. So I say learn from it going forward, and ride the positive hype machine to record breaking iphone sales. Dont screw yourself and look like the same company apple portrayed in their 1984 commercial. My 2 cents.

  6. @Marc

    Quoting the article by Declan McCullagh and Greg Sandoval at CNet:

    “Under a California law dating back to 1872, any person who finds lost property and knows who the owner is likely to be–but “appropriates such property to his own use”–is guilty of theft. There are no exceptions for journalists. … Knowing that an item probably belonged to someone else has led to convictions before. “It is not necessary that the defendant be told directly that the property was stolen. Knowledge may be circumstantial and deductive,” a California appeals court has previously ruled. “Possession of stolen property, accompanied by an unsatisfactory explanation of the possession or by suspicious circumstances, will justify an inference that the property was received with knowledge it had been stolen.” (California law says lost property valued at $100 or more must be turned over to police.)”

    So, found or truly stolen, according to CA law the item is legally regarded as stolen.

  7. “…The money Microsoft loses each year to cyber criminals probably exceeds the entire budget for the state of California…”

    Hey, what about the money Microsoft earns each year by stealing other company’s intellectual property and incorporating it into their own products? Microsoft’s culture and very existence is based on cyber crime.

  8. I’ll say what I said earlier on another post. Apple may be in the right to urge a criminal investigation. Certainly that made sense when the theft occurred, but I think they would be foolish to push the case at this point. Makes them look like bullies, even if they are right. Not much profit in that. They have gotten more publicity out of this incident then they would have gotten from the official 4G launch. It made all the news shows AND all the comedy shows for several days. Plus, they still will get some publicity during the launch, both for the new phone features and possibly more software details. So, if the details are what they seem, my advice would be to keep a low profile.

  9. Marc:

    Agreed, Apple couldn’t buy better publicity. That has nothing to do with the price of cheese…

    They have a duty to pursue this kind of blatant disregard of the law and their secrecy and to prevent future leaks that are always harmful to planned business strategies and advantages.

  10. @Marc

    “Tell me what hurt apple?”

    As has been said before, it doesn’t matter what or if Apple has been hurt. It is a criminal investigation requested by Mr. Powell. If the D.A. and cyber-task force thingy find there was a crime, it will be prosecuted. If they find there wasn’t, it won’t be. Apple doesn’t get to say “Stop” to the D.A. That is not their prerogative.

  11. Marc you’re s gucking idiot share holders are by extension part of Apple this is directly impacting our company and investments. Harm Ape you ha us and we bite , except in your case we spit out the lardy buttocks

  12. Marc you’re s gucking idiot share holders are by extension part of Apple this is directly impacting our company and investments. Harm Apple you harm us and we bite , except in your case we spit out the lardy buttocks

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