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Tag Archives: Engineer

Deepwater Horizon Revisited: Computer Fraud & Abuse is One of the Few Criminal Convictions in This Case

Engineer’s Guilty Plea for Deleting Text Messages Stands Out in a Series of Not Guilty Findings In the months following the 2010 BP Deepwater Horizon oil rig disaster, 52 criminal counts were filed against 5 men that prosecutors believed were criminally responsible for the explosion and resulting deaths of 11 people.  Of those 52 charges, 23 were withdrawn, 23 were dismissed, and jurors acquitted on three counts.  Last week the …Read More

Former BP Engineer Convicted of Obstruction for Deleting Text Messages

Mobile Device Forensics Uncovers 513 Deleted Messages Related to Gulf Spill “I would have presented those to the Grand Jury”        -FBI Special Agent Kelly Bryson on the deleted text messages       The Background The grainy black and white images of the oil spewing from the fractured valve at the bottom of the Gulf of Mexico were dramatic and painful to watch.  Millions of barrels of …Read More

Will Mobile Device Forensic Evidence Play a Role in the Recent Fatal Train Accident in New York?

Investigators on the scene issued a drug & alcohol test on the engineer…and grabbed his mobile phone for forensic analysis[1] The New York Metro-North Railroad commuter train raced into the tight 30 MPH curve at an astonishing 82 MPH, according to NTSB investigators, resulting in a dramatic crash and derailment that killed four and left more than 70 injured.  Early reports suggest train operator error. What was one of the …Read More

The Six Most Relevant Recent Mobile eDiscovery Cases

Important Mobile Device Cases 1.  Regas Cristou vs. Beatport.  (ESI on Mobile Devices is Covered by Litigation Holds) Court ruled that ESI stored on mobile devices is subject to Litigation Holds just like any other ESI.  CEO of Beatport was sanctioned for “losing” his mobile device during litigation when he was ordered (under a lit hold) to  protect all ESI. 2.  EEOC vs. Honey Baked Ham.  (Mobile Phone ESI is …Read More

Is your Code Secure? Steps for Protecting Your Most Valuable Assets

Software code can be a company’s most critical Intellectual Property…and stealing it is easier than you think. The Background These were his last few days of work at his current job. The programmer, a Russian born American dual citizen, hired by a major financial institution for $400,000 per year to develop a high speed stock trading program, had decided to go on to greener pastures. What was one of the …Read More

Top Ten Ways to Protect Your Trade Secrets

Tips from the trenches in light of the recent Ex-Motorola Software Engineer Prison Sentence. Hanjuan Jin, a Motorola Software Engineer, stepped onto the terminal at O’Hare International Airport a few years ago and stepped into history as one of the most notable Trade Secret mis-appropriators of recent times.  Loaded with $30,000 in cash, a one way ticket to China, and a motherload of trade secrets freshly pilfered from Motorola, Jin …Read More

Cell Phone ESI and eDiscovery – Criminal Charges for iPhone Spoliation

BP engineer criminally charged after allegedly deleting damaging text messages detailing oil spillage in the Gulf from his iPhone. The Background The Fourth Amendment prohibits unreasonable searches and seizures, and searches without a warrant are generally per se unreasonable, barring several specific exceptions.  Where a citizen possesses a legitimate expectation of privacy, the reasonableness of a government search depends on the specific facts of the case, and whether or not …Read More

My Space Entry Allowed As Evidence in Murder Trial

Defendant’s on-line postings about his “reckless drunkenness” come back to haunt him The Background A young woman came home on May 25, 2007 and found her 2 year old daughter unconscious. A call is placed to 911, and police arrive to find the girl limp, with a crushed jaw and multiple injuries. She was declared dead. The woman’s fiancée, Ian Clark, was babysitting for the little girl at the time. …Read More

Think Digital Forensics and Electronic Discovery is Just About Document Production and Review? Think Again

Computer User Activity Can Help Tell the Story in Many Cases A Case Study in Re-Creating a Computer User’s Actvity The Background The client was a large multi-national technology company with a billion dollar household brand. They had been recently shaken by the departure of a number of key wireless software engineers, all of whom went to work for a competing start-up. When it became obvious that three departed employees …Read More

Social Networking – Reach Out and Virtually Touch Someone

What do half of us do everyday? Log into Facebook. We are more likely to use social media (e.g., Facebook, LinkedIn, YouTube, or Wikipedia) to socialize than have a cup of coffee with a loved one. When people use social networking or social media sites, they are creating ESI (electronically stored information). This advisory will discuss the explosion of social media and how it’s being used in fact-finding endeavors. I. …Read More