If your account is not in good standing (Bills not up to date, or in a service interuption) then the person will not be able to activate the phone until the account is paid. You could potentially sell the mogul and turn around and put it on your account... BUT if they get it and try before the account is paid, they could come after you if they paid with paypal... Its risky, and not worth the legal hit if you get caught...
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