My sister's super stole her laptop. What do I do?

June 27, 2013 6:16 AM

My sister's laptop was taken by the super after she died. The locks were changed and he was the only person who was in and out of the apartment. Two days after she died someone started using the laptop. They used it on and off for two weeks and then it was returned to the apartment 1 day before I arrived to clean the place out. It was, 1 day before I returned, destroyed by submerging in water.

My sister passed away last month very unexpectedly. I live in a different state than she did and it wasn't until about 3 weeks after her death that I went out to clean up her apartment. Her laptop was in an old computer bag she didn't use anymore (which was odd) and it was saturated with water (between the bag and the computer and then later upon opening it up it had water everywhere in the laptop). The laptop is a 2 year old Macbook Air.

I thought it very odd, but figured that perhaps something happened to it before she passed and she just had not dealt with it yet. I'm an techy nerd guy and so I knew that perhaps the SSD (storage) was okay. Once I got back home and got an adapter for the SSD in the Macbook Air I hooked it up and imaged the drive with dd. The drive worked perfectly.

I started looking through the image and found that all of my sister's files and her user account were gone. There was a single user account on the machine that did not belong to my sister. I started doing analysis of the machine.

From the web history I can see that 2 days after her death someone turned on the machine, deleted her account, created a new account, looked up the machine's worth on the web, and joined to a new wiresless network (MAC address and SSID are in there). Over the next 2 weeks it was turned on a few more times and general web browsing was done (youtube, news sites, etc.). Two days before I went out there to clean out the apartment the laptop was powered on and how to delete system logs was searched (which they did not do) and then they searched for a couple of Q/A sites talking about water damage to Macbook Airs and whether anything would be recoverable.

Then machine is shut down and never turned on again...

I've discussed my findings with a detective in the city who presented the evidence to a prosecutor. Because my sister is passed they don't see it as an easy prosecution and so do not want to charge him. The rational is that his defense could say that she had told him he could have the laptop (or borrow it or whatever) and she cannot testify that this is not true.

I have a few concerns.

He may have stolen other items from her apartment and I don't know what they might be. This I don't think I can ever figure out, but it does bum me out.

The super has a position of trust and is in and out of other folks apartments in the building. I feel like I need to pursue this so that his employers know what I have found out. (The police detective I worked with has offered to do this for me if I want).

Her data is gone for good. I've used R-Studio to scan the dd image to look for deleted files and he must have selected the secure option when he erased her account...

The laptop itself is worth about $750. So its a bummer that we don't have it Since the expenses of my sister's death have been much larger than her estate. So we are about $12k in the hole at this point which selling her laptop would have made a small dent in.


So... The super works for a building management company. So the folks are me, the super, and building management (there is a every day type of manager and the big boss person over there).

What should I do? Which of my concerns could get helped through action? What action should I take? Especially interested in folks who have been through similar situations.

posted by creiszhanson to Grab Bag (27 answers total)

Write a letter to the management company explaining the situation, including a note that they can follow up with the detective involved if they have any questions. Run it by the detective to get his OK before sending it, and then send it to the management company by registered mail.
posted by mhoye at 6:25 AM on June 27, 2013 [7 favorites]

* Write a detailed letter with all of the above to the super's boss at the building management company.
* The police detective is probably right that this isn't something the prosecutor would bother pursuing, but what the heck, you've got nothing to lose: contact the prosecutor's office and ask.
posted by easily confused at 6:26 AM on June 27, 2013

It was, 1 day before I returned, destroyed by submerging in water.

First, sorry about your sister.

This seems odd. Why destroy the machine? Why wipe the data? What would be the motivation? Are you sure it might not be a friend of your sister doing her a favor post-mortem? Maybe it is better to let a sleeping dog lie and not dig deeper into this?
posted by three blind mice at 6:34 AM on June 27, 2013 [5 favorites]

* The police detective is probably right that this isn't something the prosecutor would bother pursuing, but what the heck, you've got nothing to lose: contact the prosecutor's office and ask.

I've discussed my findings with a detective in the city who presented the evidence to a prosecutor. Because my sister is passed they don't see it as an easy prosecution and so do not want to charge him.

posted by zamboni at 6:37 AM on June 27, 2013 [1 favorite]

This is infuriating--I'm so sorry for your loss and that this is happening. I think letting the management company know what you know is probably a great idea as it could impact other residents.

In terms of how far you pursue this, I would gently encourage you to consider what you want to get out of this. Your sister's data as well as possibly some of her things are, tragically, gone and there's probably no way to get them back. It seems like there's not really much legal recourse available either.

I'm not saying that you shouldn't pursue this, I just hope you take care of yourself and stay aware of whether or not doing so is in your best interests as things progress.
posted by Kimberly at 6:38 AM on June 27, 2013 [1 favorite]

I would let it go. It sucks, but you've got more important things to do right now, and sometimes righteous anger distracts from processing one's grief.
posted by spunweb at 6:39 AM on June 27, 2013

Stop pursuing, let this matter be.

You have no idea if your sister herself requested the super to have her laptop to be wiped clean. This would not be an uncommon request, especially when it concerns recoverability of data that may paint the deceased in a negative light without a chance to provide context.
posted by Kruger5 at 6:46 AM on June 27, 2013 [2 favorites]

Best answer: You have no idea if your sister herself requested the super to have her laptop to be wiped clean.

Because she knew she was going to die? Also, why speculate what he'll say? Let him say what he says. He might feel "caught" and confess. Are the MAC and SSID address you found belonging to the super? Even if you Can't or don't prosecute him, if this is how he generally deals with his responsibilities, his employers should hear about it in case it wasn't the first (or last) time.
posted by Obscure Reference at 6:54 AM on June 27, 2013

Mod note: Quit arguing with other commenters, please address answers towards the OP. Thank you.
posted by jessamyn (staff) at 7:02 AM on June 27, 2013

I know nothing about the legal viability of a case but this:

The rational is that his defense could say that she had told him he could have the laptop (or borrow it or whatever) and she cannot testify that this is not true.

doesn't sound very convincing to me. What, so the story is she gave it to him, he took it away and used it and then he decided to soak it in water and return it to her apartment?

Probably unjust on my part but it sounds more as if the prosecutor's attitude is 'Hey, I've got too much to do already with big cases about living people.' Which would be more understandable than acceptable.
posted by Segundus at 7:04 AM on June 27, 2013

The super has a position of trust and is in and out of other folks apartments in the building. I feel like I need to pursue this so that his employers know what I have found out. (The police detective I worked with has offered to do this for me if I want).

I think this sounds like a good idea for the sake of other tenants.

My condolences to you.
posted by BibiRose at 7:06 AM on June 27, 2013 [5 favorites]

Response by poster: There has been speculation about whether she may have wanted the laptop destroyed. She did not know she was going to die. It was a freak thing and there was no warning. I'm not saying its imposible, but highly unlikely.

Also because the paramedics broke down her door the locks were changed the day of her death so her locks were changed that day and only the super and building management had a copy of the keys until I got to town.

Lastly she did not have a friendship with the super (email / phone records confirm that).

I think dropping it might be a good option in some ways, but not because of the chance that he was doing her bidding.
posted by creiszhanson at 7:11 AM on June 27, 2013

I agree with everyone that any action towards recovery is probably useless. However, if the detective is willing to corroborate with you, why not present your findings to the company? At the very least they will have some stern questions for the guy. It sounds like your sister passed unexpectedly, so I doubt this was any contingency plan on her part.

Hang in there friend.
posted by Think_Long at 7:12 AM on June 27, 2013

First of all, my condolences.

Rather than embroil the police, sue the super AND the building owner in Small Claims court for the value of the computer.

The building owner won't be very happy with the super, and you may win a small judgement in court.

To make it worth your while, call The People's Court once you've filed to see if they'll mediate your case. If you win, you'll get paid by the show, and even if you can't ultimately prove your case, you'll shame the super on TV. Also the show will pay your travel expenses.

I think you have enough evidence to win by "a preponderance of the evidence."
posted by Ruthless Bunny at 7:12 AM on June 27, 2013 [13 favorites]

I second Think Long's suggestion of using the detective as a corroborator.

Also, the Estate has the legal right to sue the management company, but the cost would make it prohibitive because it would burn more money than it would get.

More importantly, does she owe the management company money? I'd get a letter from the detective to corroborate and then have the executor of the estate write a formal letter to the company with your findings, requesting termination of the landlord and the cost of the destroyed computer, and release from the management company of any money the estate might owe it.
posted by Ironmouth at 7:38 AM on June 27, 2013 [2 favorites]

Also, in said letter, play up the value of the data. Also check all accounts for purchases made after her passing. The data is the value, not the computer.
posted by Ironmouth at 7:50 AM on June 27, 2013 [1 favorite]

Also go in the building and check for the SSID of his network. If you have a smart phone, you could just check it from outside his door.
posted by Ironmouth at 7:52 AM on June 27, 2013

Response by poster: Ironmouth- Sadly I am out of state. So I would need to find someone to do it or take a trip. If I was local I would do a little bit of amateur PI work.

Point of interest. A good friend thought I should call the super and just talk to him about it first. In a non-confrontative 'wanna let you make this right' kinda way as a first step. No one here has brought that up.

Kimberly, though, brings up a great point which I had begun to think about as for what action to take. What goal do I have? Will let it sit for a while. I feel at least I need to let the building management know what I know to protect other tenants to the best of my abilities.
posted by creiszhanson at 8:06 AM on June 27, 2013

I am so sorry for your loss.

The person who did it knew he was doing wrong. I don't understand why he would even return the computer. It's a very odd situation.

You could call the super and ask if anyone else had access to the apartment. Just to see how he handles it. Let him know that you were able to save parts of the computer but don't tell him what parts. Let him believe that you know more than you know and see if you can flush out information. Tread very carefully- he had access to your sister's computer so he knows what you look like and where you live. It may not be worth risking your safety for. If you do this, and your gut tells you for sure that he is the one who took her computer, then yes, do contact his boss right away.

And then let it go. Move on. Focus on your grief. Sometimes, we can use easier, more interesting problems to distract us from our pain. This only prolongs the pain.
posted by myselfasme at 8:11 AM on June 27, 2013 [1 favorite]

Best answer: Point of interest. A good friend thought I should call the super and just talk to him about it first. In a non-confrontative 'wanna let you make this right' kinda way as a first step. No one here has brought that up.

Since the detective has been very helpful to you and offered his further assistance, I'd probably call him to ask him this question first. The circumstances you describe, at least on the surface, sound extremely sketchy. I understand the desire to resolve the situation with as little confrontation and escalation as possible. However, if you call the super and directly tell him the situation, you'll tip him off to your suspicions. If he is the culprit, he'll start working on perfecting his excuses to tell his employer and/or law enforcement. It'll be your word against his.

Obscure Reference is right that you don't know what he'll say if confronted, but he needs to be confronted by someone with some authority for any of his flubs to stick. If your detective says there's little chance law enforcement would get involved, I'd present your evidence directly to his boss and let them confront him. He shouldn't be given time to come up with excuses.

I have some recent experience with using private investigators, and keeping our cards hidden has been the number one important thing in the whole scenario. Also, I would agree with others that the data on the laptop is the most valuable thing lost, so nobody should nickel and dime you over the cost of compensation for this.
posted by KinoAndHermes at 9:01 AM on June 27, 2013 [4 favorites]

Also, you might consider sending your SSD to a SSD drive recovery company. The reputable companies should offer a free evaluation of your drive to tell you if they can recover any data or not. Often, if they do attempt the recovery and are unsuccessful in retrieving any data, there will be no charge. I'm not sure if they can recover data from a drive that is still functional but has been securely wiped, but they should be able to tell you that with a quick phone call or email. These services are not cheap and may cost more than the value of the laptop. However, the data may be worth much more to you emotionally (and maybe as evidence). I have used these services a few times (for HDDs not SSDs), and I was very impressed by their abilities to recover data that no amateur would be able to recover.

I wouldn't send out your SSD anywhere without first talking to your detective, since the SSD may be considered evidence for your case to small-claims court, the management company, both, whomever. If the data is recovered and you have a viable claim against someone, I'd include the cost of the data recovery in the compensation you require.
posted by KinoAndHermes at 9:19 AM on June 27, 2013 [1 favorite]

I am sorry for the death of your sister. To have this theft insult on top of your loss is outrageous.

Don't contact the super in any manner whatsoever yourself.

If there's anyway possible to confirm the SSID, do so.

File a police report to get everything on file. Corroborate with the detective and follow through with a letter to the management company. Slam him as hard as you can. You can believe that if he stole one item, he stole other things.

File against him in small claims court with the information you have at hand.

Don't let this happen to anyone else, please.
posted by BlueHorse at 9:32 AM on June 27, 2013

Occam's razor suggests to me like an amateur thief with huge remorse issues. I would discuss this situation with an attorney since the detective is not confident of prosecution (or is simply overworked and doesn't want "yet another case" on their desk). Go over the head of that detective if necessary. This creepy super needs to be stopped.

Not knowing more details, however, I can see a darker possibility. I hope this isn't rude and disrespectful, but were there any questionable circumstances regarding your sister's death? The super may be involved more than you think unless it is clear beyond doubt the super could not have been involved.

Also, I would encourage you to pursue this to the end that at a minimum this super loses their job. It is clear they are a nasty piece of work and should not be in a position of trust and authority whatsoever.
posted by kuppajava at 9:43 AM on June 27, 2013 [2 favorites]

Well, the Super is certainly not the brightest bulb in the array. It doesn't even seem like he is an experienced thief. It seems like a crime of opportunity that he did not think out at all, because if he did think it through and still took the steps he did, he should be fired for just being a moron. Although it is a real possibility that this is the first time he has done something like this (he is clearly an amateur), it is unlikely that he hasn't "found" something in an apartment previously.

I would amass your evidence, write it out in a clear and logical letter and send that letter to the building management. Specifically ask for a response. Let them know that you have also contacted the police and there is an open investigation.

Then, move on. It is out of your hands. Focus on the laptop if that is what you want or just get on with your life.
posted by JohnnyGunn at 9:48 AM on June 27, 2013

I agree that you should consider your goal. The most likely effect of pursuing this is that the super would be less badly behaved to other tenants. One option - you can show that your sister's property was damaged by water after her death. They either had a water leak or an untrustworthy super, but, in any case, it's their liability, and it would be in their best interest to reimburse you. This would be best coming from a lawyer.

I'm so sorry for your loss; this is especially crappy behavior from the super in this situation.
posted by theora55 at 3:28 PM on June 27, 2013

One possible reason the laptop was destroyed was that the guy used it to do something illegal, like download child pornography. Another is that your sister had, or at least that he suspected/hoped she had, nude photographs of herself. There's an outside chance that he was looking for financial information or trying to hack/scam her friends or e-mail address list.

Whatever it was, I would bet cash money this guy makes a habit of this, unfortunately -- it's easy enough to get a cheap laptop.

As such I think you do have a duty to pursue this in such a way that exposes him and gets him fired, ideally so that he can't get into such a position of trust ever again. This is actually more important than the probably chimerical goal of getting him convicted of a crime or recovering the value of the machine. So proceed with this in mind.
posted by dhartung at 3:39 AM on June 28, 2013

Response by poster: Thanks everyone!
posted by creiszhanson at 7:20 AM on June 28, 2013