Web site Cleared in iPhone Probe, Sellers Charged
The two men who swiped a mislaid iPhone prototype at a bar and sold it to a technology Web site last year are being targeted by authorities.
Brian Hogan, 22, was charged with one count of misappropriation of lost property, and Sage Wallower, 28, was charged with misappropriation of lost property and possession of stolen property, the San Francisco Chronicle reported.
The G4 iPhone prototype was accidentally left behind at a bar by Apple engineer Gray Powell in March of last year. Gizmodo paid $5,000 for the device.
In an article titled "This Is Apple's Next iPhone" and published on April 19, former Gizmodo editor Jason Chen described the phone in extensive detail.
"You are looking at Apple's next iPhone," the article began, featuring a photo of the phone. "It was found lost in a bar in Redwood City, camouflaged to look like an iPhone 3GS. We got it. We disassembled it. It's the real thing, and here are all the details."
Apple executives went ballistic and sent Gizmodo a letter via their legal department, asking the Web site to return "a device that belongs to Apple." Gizmodo returned it that same day, the Chronicle reported.
Authorities decided not to press charges against the Web site for buying the phone.
"After a consideration of all of the evidence, it was determined that no charges would be filed against employees of Gizmodo," San Mateo County District Attorney Steven Wagstaffe said in a press release.
Hogan and Wallower are scheduled for arraignment on Aug. 25.
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