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Onibaka said:

Not logging into Live makes no difference. When you play, the 360 logs all your information and sends to Live when you go online. If it's the first time you enter in Live, then you should enter after the ban waves. But if you logged  sometime before the banning, with is 99% of the cases, M$ already knows that you are modding your console, and put it in their "black list". So they can ban your 360 in the Ban waves even if you don't log.

Do you know of anyway to find out when or how the console was modded?