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  • Writer's pictureKyle

This Man Is Suing Opensea For Over $1 Million After His Bored Ape Was Allegedly Stolen

Updated: Feb 21, 2022

Timothy McKimmy Claims that his Bored Ape was stolen and has now filed a lawsuit against NFT marketplace Opensea.

Mckimmy recently filed a complaint in the United States District Court for The Southern District of Texas Houston Division against Opensea after his bored ape was allegedly stolen earlier this month.

“Plaintiff is the rightful owner of Bored Ape #3475," McKimmy states in the filing. “On or about February 7, 2022, Plaintiff’s Bored Ape was stolen, listed, and sold to another individual on Defendant’s platform. Plaintiff did not list his Bored Ape for sale on the marketplace. Defendant’s security vulnerability allowed an outside party to illegally enter through OpenSea’s code and access Plaintiff’s NFT wallet, in order to list and sell Plaintiff’s Bored Ape at a literal fraction of the value (at .01 ETH). Essentially, OpenSea’s vulnerabilities allowed others to enter through its code and force the listing of an NFT. This is through no fault of the owner.”

McKimmy’s bored ape was Bored Ape #3475, according to the filing. Bored Ape #3475 is a seven-trait tan fur ape with a wool turtleneck, sunglasses and a baby’s bonnet. Based on these traits, Bored Ape #3475 is the 1392nd most rare ape, according to Rarity Tools.

McKimmy appears to have purchased Bored Ape #3745 on December 3rd, 2021 for 55 ETH using the wallet named “tjmckimmy,” according to Opensea data. Following the purchase, McKimmy appears to have then transferred Bored Ape #3745 to a wallet named “dextermoonshine.”

Two months after transferring Bored Ape #3745 to the “dextermoonshine” wallet, a 0.01 WETH offer was accepted and Bored Ape #3745 was transferred to Wallet “0x0ea12ccd16b1a9b8b28ceea7241d905eda7e8d73,” according to Opensea. Wallet 0x0ea12ccd16b1a9b8b28ceea7241d905eda7e8d73 then sold Bored Ape #3745 for 98.9 Eth hours later.

McKimmy is being represented by DALY & BLACK, P.C. and the Tadghighi Law Group PLLC and is seeking damages over $1,000,000 USD and is demanding a jury trial, according to the filing.

“Plaintiff seeks damages for the loss of the Bored Ape,” the filing states. “Plaintiff seeks any and all damages to which he may be entitled, including the return of the Bored Ape, damages equivalent to the valuation of the Bored Ape, and/or monetary damages over $1,000,000. Plaintiff seeks attorneys’ fees, costs, expenses, pre and post judgment interest, and injunctive relief requiring Defendant to pause and/or stop any listing or sale of the Bored Ape in question.”

The Bored Ape Gazette has reached out to crypto lawyers and will be following up on this story.

Take a look the full filing below:

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