AT&T says it lost $5 million a year from illegal unlocking scheme

Posted:
in iPhone edited August 2019
A man has been accused of paying employees of AT&T over a five-year period to illegally unlock large numbers of iPhones and other devices, an act that is alleged to have cost the carrier an average of around $5 million per year in lost revenue.




Pakistan citizen Muhammad Fahd was charged on Monday on a 14-count federal indictment, including conspiracy to commit wire fraud, conspiracy to violate the Travel Act and the Computer Fraud and Abuse Act, four counts of wire fraud, two counts of accessing a protected computer in furtherance of fraud, two counts of intentional damage to a protected computer, and four counts of violating the Travel Act.

The Department of Justice advised Fahd was arrested on February 4, 2018 in Hong Kong at the request of the United States, but was only extradited on August 2, 2019. The case itself was investigated by the US Secret Service Electronic Crimes Task Force.

The charges stem from a scheme where Fahd and co-conspirators recruited AT&T employees with access to customer accounts, with the aim of unlocking iPhones and other smartphones between 2012 and 2017. AT&T used proprietary locking software, preventing the hardware from being used on another carrier while it was still under contract to the company, something which Fahd sought to disable on devices.

Over the period, Fahd gathered a group of employees within AT&T that had access to systems for unlocking devices. Under the scheme, Fahd would send IMEI numbers to the compromised employees for devices that were not eligible for unlocking through normal channels, such as iPhones that are too new and need to be paid off through fees to the carrier beforehand.

It is claimed Fahd paid thousands of dollars in bribes to employees, with one receiving $428,500 over the course of the five-year scheme. Some early employees were also paid to discover others within AT&T who would be susceptible to a bribe and could join the scheme.

After some of the employees in the scheme were fired by AT&T, the tactics of the group changed to the development of malware to gain direct access to AT&T's systems. Using this access, Fahd was able to make requests for cellphone unlocks remotely.

It is believed Fahd has paid out in excess of $1 million over the five years to his recruits, but the cost to AT&T was far higher. More than 2 million devices were unlocked fraudulently through AT&T, with conservative estimates of losses to the carrier running to roughly $5 million per year of the five years, or $25 million in total.

"This defendant thought he could safely run his bribery and hacking scheme from overseas, making millions of dollars while he induced young workers to choose greed over ethical conduct," said U.S. Attorney Brian T. Moran. "Now he will be held accountable for the fraud and the lives he has derailed."

The charges are punishable by up to 20 years in prison if Fahd is found guilty.

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Comments

  • Reply 1 of 23
    Hmm...why don’t I feel badly for AT&T?

    (To be fair, I have only had AT&T unlock a phone one time and it was pretty easy for me, though I have heard many stories where they did not make the process easy when a phone was clearly eligible to be unlocked)
    edited August 2019 GeorgeBMacnetlingCarnage
  • Reply 2 of 23
    mike1mike1 Posts: 3,280member
    Hmm...why don’t I feel badly for AT&T?

    (To be fair, I have only had AT&T unlock a phone one time and it was pretty easy for me, though I have heard many stories where they did not make the process easy when a phone was clearly eligible to be unlocked)
    Regardless of the company, Theft is theft and fraud is fraud.

    Just like insurance scams, everybody ends up paying. Customers, shareholders and taxpayers that had to investigate and prosecute the case. Hopefully, they'll recover some of the bribe money and illicit gains.
    applesnorangespscooter63
  • Reply 3 of 23
    maestro64maestro64 Posts: 5,043member
    Hmm...why don’t I feel badly for AT&T?

    (To be fair, I have only had AT&T unlock a phone one time and it was pretty easy for me, though I have heard many stories where they did not make the process easy when a phone was clearly eligible to be unlocked)
    I have done a number of phones and the last two i used AT&T online service to unlock the phone before we sold the phones

    In both cases they said it could take 24 to 72 hours to unlock and but they happen in 5 or 10 minutes. I never had the issues most people complained about. I think this could be due to the fact all the phones I unlocked were never under contract with AT&T. Many years ago we stop doing the so called free upgrades with AT&T we either bought them outright or financed them through Apple when Apple started to offer this service.
    jahblademike1
  • Reply 4 of 23
    jcs2305jcs2305 Posts: 1,336member
    Hmm...why don’t I feel badly for AT&T?

    (To be fair, I have only had AT&T unlock a phone one time and it was pretty easy for me, though I have heard many stories where they did not make the process easy when a phone was clearly eligible to be unlocked)
    It's much easier currently.  You can do it all on their website as long as you have the account PIN and a valid email address. I also don't feel bad for them either. It seemed like they made it more difficult when the phones were on 2 year subsidized plans that were ended or ending. Unlike today where everything is leased or purchased outright.
  • Reply 5 of 23
    davgregdavgreg Posts: 1,037member
    If you buy your phone from Apple it will not be locked.
    applesnorangesjahbladekurai
  • Reply 6 of 23
    sflocalsflocal Posts: 6,093member
    davgreg said:
    If you buy your phone from Apple it will not be locked.
    True, but the cost of that phone is much higher when purchased unlocked.  If it's tied to the carrier and paid over time, one pays 1/2 to 1/3 the price of the phone form the onset.  Get that same phone cheaper, unlock it, and take off with it.
    pscooter63
  • Reply 7 of 23
    What he did was illegal and the law is the law.

    That said, phones should not be permitted to be locked to a carrier.  If the person signs an agreement to make monthly payments or gets a discount on the phone for staying with the carrier for a certain term, then the only recourse the carrier should have is to demand payment in full for the phone immediately and any discounts that were given taken back.  But people should be able to take a phone to any carrier that it will operate on without any carrier intervention needed.
  • Reply 8 of 23
    jcs2305jcs2305 Posts: 1,336member
    sflocal said:
    davgreg said:
    If you buy your phone from Apple it will not be locked.
    True, but the cost of that phone is much higher when purchased unlocked.  If it's tied to the carrier and paid over time, one pays 1/2 to 1/3 the price of the phone form the onset.  Get that same phone cheaper, unlock it, and take off with it.
    I purchase through the iPhone Upgrade Program..  What carrier is charging less for new iPhones? All phones through IUP are unlocked to my knowledge as well? I have sold multiple phones that have come through the IUP to folks with different carriers and had no issues?

    Usually carriers stretch the payments out for a longer period so the monthly is less. Also you can opt to no buy Apple Care, but most will make you pick up the carrier insurance if that is the case. I could be wrong but that is what I have seen and heard from friends and people I work with?
  • Reply 9 of 23
    I find it hard to believe this guy was having 1100 cellphones per day unlocked. 

    AT&T is saying two million iPhones & other devices over a five year period. 
    I find those numbers to be unrealistic. 
  • Reply 10 of 23
    GeorgeBMacGeorgeBMac Posts: 11,421member
    mike1 said:
    Hmm...why don’t I feel badly for AT&T?

    (To be fair, I have only had AT&T unlock a phone one time and it was pretty easy for me, though I have heard many stories where they did not make the process easy when a phone was clearly eligible to be unlocked)
    Regardless of the company, Theft is theft and fraud is fraud.

    Just like insurance scams, everybody ends up paying. Customers, shareholders and taxpayers that had to investigate and prosecute the case. Hopefully, they'll recover some of the bribe money and illicit gains.
    But then even after a phone was paid off, AT&T continued to charge anybody who kept their phone more than two years as a normal part of business.     They were able to pull off that scam because they buried the cost of the phone in the contract and never identified it as a specific charge.

    So, the crooks got crooked.    That sounds like Karma to me...
    muthuk_vanalingamFileMakerFeller
  • Reply 11 of 23
    GeorgeBMacGeorgeBMac Posts: 11,421member

    davgreg said:
    If you buy your phone from Apple it will not be locked.
    Well, sorta...  Maybe....
    While I can't speak for the newer phones, the ones several years old used 'proprietary' modems that could only work with specific carrier protocols.   So, even if the phone were unlocked by Verizon, you still could not use it on an AT&T network -- and vice versa.

    Thankfully Apple has, for years, offered a "Simless" phone capable of running on any network with the proper SIM card installed.

    (I don't know if that is still true -- but it's one of the reasons why I always buy my phones direct at the Apple Store.)
  • Reply 12 of 23
     U.S. Attorney Brian T. Moran. "Now he will be held accountable for the fraud and the lives he has derailed."

    What lives were DERAILED?
  • Reply 13 of 23
    hentaiboyhentaiboy Posts: 1,252member
    TrueNorth said:
     U.S. Attorney Brian T. Moran. "Now he will be held accountable for the fraud and the lives he has derailed."

    What lives were DERAILED?
    Presumably the AT&T employees who were part of the scam and went on to lose their jobs/face prosecution.

    Of course, they had the option of saying "No".
  • Reply 14 of 23
    sflocal said:
    davgreg said:
    If you buy your phone from Apple it will not be locked.
    True, but the cost of that phone is much higher when purchased unlocked.  If it's tied to the carrier and paid over time, one pays 1/2 to 1/3 the price of the phone form the onset.  Get that same phone cheaper, unlock it, and take off with it.
    That was true when the carriers were doing two year subsidies. That’s not the case any more, everyone pays mostly full MSRP and you have the option to space out the payments at 0% interest. The discounts you get are either sales to clear inventory or through trade-ins. Sometimes those can be significant depending on time of year and make/model of phone. They aren’t as common with iPhones as they are with other brands.

    Sources: personal experience, a Verizon store manager, and an AT&T assistant manager.
    hammeroftruth
  • Reply 15 of 23
    Phones aren’t locked in my country, so the companies simply seperate the charges when they offer a phone over 24 months interest free; a portion is paying them back for the phone, and the other is the carrier’s plan. So if you change companies, you still have to pay them back, but just the amount for the handset. Pretty simple system. 
  • Reply 16 of 23
    microbemicrobe Posts: 51member
    I know the contracts said you have to keep cell service while paying monthly for the phones and pay off the balance if you left the carrier. With these provisions abided, I dont see how ATT would lose a penny if someone simply got their phone unlocked. Even if they got another carrier and switched sims as long as they abided by paying as stated in the terms of the contract. Does anyone know if the contracts explicitly said “you may not unlock this phone”? Even if it does, since you own the phone and are abiding by the payment terms, I find it difficult to believe a court would hold such a restriction on operation of your own property enforceable. Now, if the contract said you dont own the phone until payment is completed i can see you may not have the right to significantly modify the phone. I would liken this to a car dealer forbidding you to put a better radio in your car until payments are completed vs changing the radio in a leased car.
  • Reply 17 of 23
    netlingnetling Posts: 74member
    It’s like Karma for the karma... ATT, well they are still a billion dollar company and they did treat customer like shit in their hay days and the bad guy got caught. So, all is now right in the universe. 
    GeorgeCostanzaCarnage
  • Reply 18 of 23
    davgreg said:
    If you buy your phone from Apple it will not be locked.
    Only partially true.  If you pay full price for it at the time of purchase, it will not be sim locked.  If you use Apple's financing plan, it will still be sim locked.  So I was explicitly told by an Apple Store employee.
  • Reply 19 of 23
    davgreg said:
    If you buy your phone from Apple it will not be locked.
    Only partially true.  If you pay full price for it at the time of purchase, it will not be sim locked.  If you use Apple's financing plan, it will still be sim locked.  So I was explicitly told by an Apple Store employee.
    I'm pretty sure that Apple Store employee was incorrect. I seem to remember one of the selling points of iPhone Upgrade Program was that the phone was not SIM locked, making it relatively easy to switch carriers or use the phone internationally.

    From the iPhone Upgrade Program page on apple.com:

    "Works with your carrier.
    You’re buying directly from Apple. Which means no more financing your iPhone through your carrier or committing to a multiyear service contract. Your new iPhone will work with your carrier, so you won’t have to make any changes to your rate plan. And if you ever decide to switch carriers after you activate your iPhone with AT&T, Sprint, T-Mobile, or Verizon, you can easily do that, too."

    Also, “You'll be able to pick your carrier, since the device you get will be unlocked and supports 25 LTE bands.” from https://www.tomsguide.com/us/iphone-upgrade-program-faq,news-21583.html
    edited August 2019 FileMakerFeller
  • Reply 20 of 23
    davgreg said:
    If you buy your phone from Apple it will not be locked.
    Only partially true.  If you pay full price for it at the time of purchase, it will not be sim locked.  If you use Apple's financing plan, it will still be sim locked.  So I was explicitly told by an Apple Store employee.
    Not if the device is a X or higher. They don’t come locked anymore. Reason why is now that you are paying full price and have no agreement with the carrier, there is no reason to.

    Now Verizon was able to bamboozle the FCC to allow them to start locking devices for 60 days after they are bought new.  They claim that they loose money if you buy a device from them and unlock it and leave their service. Presumably because they probably sell devices at a loss and make up the difference in the service. I doubt that happens with an iPhone and more with an android device. 

    If you buy an older model iPhone new and have no contract with your carrier, and are buying it outright, you should be able to unlock it, if it is locked. 

    If you buy your iPhones from an Apple store, they should be able to tell you if the device is locked or not before you leave the store. 

    PS. Even though the EU requires the carriers to sell you unlocked phones doesn’t always mean that they come that way. Some used to only unlock them if you ask them, not automatically. 
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