The sim tray has the SN of the original phone that I sent him but he could have easily swapped sim trays.
@Saver, according to Apple, there is no way to identify the serial number of a phone that doesn't turn on. I find that very hard to believe, I plan on calling again and escalating the matter.
I bought it on my Amex in June but it was refurbished and Apple only covers 90 days for refurbs.