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Monday, April 29, 2024

Tech firm says former employee took SIM card from company iPhone, talking to clients

State Court
Cellphone records

CHARLESTON – A technology company says a former employee stole the SIM card from his company issued iPhone and is using it to communicate with its clients.

Acorn Technologies LLC filed a complaint against Anthony Boyes in Kanawha Circuit Court.

According to the complaint, Acorn hired Boyes to work as an IT technician on May 18. He was issued company property to perform his job, including an iPhone. On July 8, Boyes left Acorn. On July 10, he returned the company iPhone, but Acorn discovered Boyes had removed the SIM card that contained confidential and secret company information.

Acorn says Boyes’ removal of the SIM card rendered the iPhone useless. Soon, Acorn says it discovered Boyes had linked the number associated with the stolen SIM card to an Apple iPad that doesn’t belong to the company and is registered to Boyes’ AT&T account.

“The Acorn phone number previously associated with defendant Boyes when he was employed by Acorn is currently active and being used by defendant Boyes to communicate with Acorn’s clients,” the complaint states. “Boyes may have stolen other property from Acorn in other ways that shall become more apparent through discovery.”

The company says it has suffered loss of property, loss of revenue, loss of income and loss of reputation because of Boyes’ actions. It accuses him of larceny/crimes against property and tortious interference.

Acorn seeks compensatory damages, punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief.

In his answer, Boyes denies the allegations and seeks to have the case dismissed. He also says he believes he was employed by Mountaineer Employment Solutions.

Acorn is being represented by Scott Kaminski of Kaminski Law in Charleston. Boyes is being represented by Andrew Holbrook and Raj Shah of Hendrickson & Long in Charleston. After being transferred from Circuit Judge Duke Bloom to Circuit Judge Jennifer Bailey, the case now has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 20-C-700

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