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According to the xbox live ToU, your account is your responsibility. They will not, and should not, unban people with these kinds of claims.
If your account was really stolen I'm sorry to hear that happened to you. Useless jerks who do those kinds of things are simply not needed here. I suggest you contact xbox live, and ask them if there is any legal action you can take to punish the moron who stole your account.
However, being that your account is your responsibility, neither xbox live nor Bungie should not take any steps to unban you. If they did, everyone who was banned would try to get their account unbanned by using that exact same excuse (which has been denied countless times anyway, and that will not be changing anytime soon).