Timothy McKimmy believes that his Bored Ape was stolen and has filed a complaint with OpenSea, a non-financial trading platform.
Mckimmy filed a lawsuit against OpenSea in the United States District Court for the Southern District of Texas Houston Division earlier this month after his Bored Ape was purportedly seized.
“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 person 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, 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 acquired Bored Ape #3745 for 55 ETH on December 3rd, 2021, using the wallet “tjmckimmy,” according to OpenSea data. After executing the transaction, McKimmy seems to have transferred Bored Ape #3745 to a wallet named “dextermoonshine.”
According to OpenSea, two months after Bored Ape #3745 was transferred to the “dextermoonshine” wallet, a 0.01 WETH offer was accepted, and Bored Ape #3745 was transferred to Wallet “0x0ea12ccd16b1a9b8b28ceea7241d905eda7e8d73.” Wallet 0x0ea12ccd16b1a9b8b28ceea7241d905eda7e8d73 sold Bored Ape #3745 for 98.9 Eth after a few hours.
McKimmy is represented by DALY & BLACK, P.C. and the Tadghighi Law Group PLLC, according to the petition, and is seeking damages over USD 1,000,000 as well as a jury trial.
“Plaintiff seeks damages for the loss of the Bored Ape,” the lawsuit continues. “Plaintiff seeks all available remedies, including the return of the Bored Ape, monetary damages equivalent to the Bored Ape’s worth, and/or monetary damages over $1,000,000.” Plaintiff seeks attorneys’ fees, costs, and expenses, as well as pre-and post-judgment interest and injunctive relief forcing Defendant to postpone and/or cease promoting and/or selling the Bored Ape in question.”
The Bored Ape Gazette has reached out to crypto lawyers and will continue to monitor this situation.
