My Iphone was breached and somebody replaced the SIM card. This is done somehow online you don,t actually replace a

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Customer: My Iphone was breached and somebody replaced the SIM card. This is done somehow online you don,t actually replace a physical card. This person then had access to my online accounts and was able to steal nearly $30,000 dollars. What should I do?
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No, I am not active duty I am a veteran
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by JKEsq in 1 min 1 year ago
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JKEsq
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JKEsq, Expert

Hello, my name is ***** ***** welcome to JustAnswer.  I will be the attorney assisting you today.
I’m sorry to hear that you are having these legal troubles. I know that can be frustrating. Hopefully, we can get this resolved quickly. I will attempt to respond quickly to every one of your posts, but if not, please be patient, and I promise I will get back to you as soon as possible.

Where did they get the money from?  Banking apps you mean?

Customer
They went to an online investment platform COINBASE I have and withdrew at least $26k then they withdrew money from my bank account thru COINBASE
Customer
Once they had control of my phone they went into my Coinbase account and retrieved all of my assets then bought more thru my linked bank account
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JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

The first problem I suspect, without knowing much about cryptocurrency, is that it is unregulated and once it is gone it is gone without any recourse.  No one regulates it like the stock market so once transferred there is no way to get it back.

However, once they were cashed into your bank account, then your bank may have some liability here to protect you against fraud. That may be covered under FDIC insurance. I do not know how that correlates with cryptocurrency though since that is still such a gray area and not legally regulated.

But of course, report this to the police and the FBI https://www.ic3.gov/Home/ComplaintChoice regardless so they can investigate this and it was cybercrime.

In terms of your bank and if you have a case, you need to have a local or review the terms of your bank deposit agreement to see what it says. This is a bit of a grey area with cryptocurrency is I'm sure their agreements are not updated to address that.  Ie.  they may not be able to disclaim a cryptocurrency cash out since it ran through your account still.

Customer
I would think that my cell provider would be responsible because the theft occurred because they were able to hack into my phone?
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JKEsq, Expert

That is unlikley.  Not without proving the breach came over their network, versus local wifi or the sort.

But your bank account is protected from frayd by the feds up to $250k, FDIC insurance.  That is likely your eaiest path to recovery here.

Customer
T-mobile has admitted that the Sim card was replaced by someone and there is a case open with them.
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JKEsq, Expert

Ok, then you still need a local lawyer to loo at his and see who needs to be sued.  Unfortunately, this is only a basic Q&A site and not a case consultation.

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, then you can search your county legal aid office on Google for their contact information and contact them for some free legal help.

Customer
What kind of Lawyer should I get
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JKEsq, Expert

Any basic lawyer should really be able to handle it.  It is a banking issue, but there are really no "banking" lawyers that specifically do that.  It involves basic legal concepts like fraud and theft for any general practice lawyer.

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JKEsq, Expert

Does that answer your question?

Customer
thank you
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JKEsq, Expert

You're very welcome.

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