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Tag Archives: ESI

Cyberbullying Tragedy: A School District’s Obligations for Capturing Digital Evidence

A Case Study A young student has had enough. After months of relentless and cruel cyberbullying and internet harassment, the girl, in a moment of despondency and depression, ends her life. In the unthinkably sad aftermath, parents, teachers, and loved ones wonder what could have been done to prevent this senseless nightmare. Teachers and middle school administrators are accused, in a lawsuit filed by the dead girl’s parents, of missing …Read More

Hillary Clinton’s eMail Drama: Tips From the Trenches

I am in the digital forensics business.  That means that when something related to eMail or computer evidence is in the news, my friends and family ask me questions, like:  “are Tom Brady’s destroyed “DeflateGate” text messages recoverable?”, and “could you recover data from the submerged mobile phones from missing Malaysian Airlines Flight 370 if it was ever recovered?”  So, I get used to these questions.  It’s kind of fun. …Read More

Retweet Case Raises Free Speech Debate

Can a person be held criminally responsible for “Retweeting” another person’s content, or is such communication protected under The First Amendment’s “Free Speech” language? Communication in our electronic world is bending a number of legal concepts into strange new shapes. Consider Safya Roe Yassin, a 39-year-old citizen that was recently arrested for conspiracy and transmitting threats over state lines.  Her alleged crime?  Retweeting twitter posts from a third party that …Read More

Need CLE Credits?

Time is running out for completing your CLE credits for this year.  Don’t wait till the last minute! Let us bring the content to you…4Discovery provides on-site CLE programs in the convenience of your firm’s conference room. Our programs are: • Free of charge • CLE certified for 1.5 hours • All materials provided:  Certificates, hand-outs & MCLE paperwork is included • Lunch and Learn format in your conference room.  …Read More

Heroin Possession Conviction is Tossed When Police Fail to Show “Texting” was Probable Cause for the Traffic Stop

Forensics on Phone Proves Defendant was not Texting The United States 7th Circuit Court of Appeals has overturned the conviction of Gregorio Paniagua-Garcia in a possession of heroin with intent to distribute case when the police were unable to prove Paniagua was texting, which had been cited by police as the probable cause for the traffic stop. Deputy Dwight Simmons of the Putnam County Sheriff’s office pulled over Paniagua when …Read More

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

Was “El Chapo” Felled by Mobile Device Metadata?

A Stark Reminder That Your Smart Phone is Spying on You Vanity plus a large ego plus technological ignorance equals disaster.  While there is no confirmation that Joaquin “El Chapo” Guzman’s interview with Sean Penn ultimately led to the fugitive’s arrest last week, many of us in the digital forensics world are speculating that his unintended digital footprint did, in fact, lead to his demise. Could it be that digital …Read More

How Do You Investigate Foreign Corrupt Practices Act Crimes? Examine the Digital Evidence!

Law Bulletin Publishing Company’s FCPA Conference Highlights a Study of the Alstom $772 Million Criminal Penalty Case.  Where was the smoking gun?  In the Emails. As usual, the Law Bulletin Publishing Company’s Annual White Collar Crime and Corporate Governance Seminar in Chicago was outstanding, and featured panelists including Dan Webb and other elite Chicago attorneys.  This year’s program provided insight into the recent FCPA conviction of Alstom S.A., the French …Read More

Tweets: An Important New Source of Electronic Evidence

Computer Forensics Firms Are Helping Attorneys Preserve and Produce This Increasingly Critical ESI The Scenario The Tweet goes out… chip maker Audience is “being investigated by the DOJ on a rumored fraud.”  The result?  The shares of Audience plunge over 25% in a mere few seconds.  The payoff?  Potentially hundreds of thousands of dollars in profits for short sellers.  The problem?   The Tweet was a complete hoax, sent by an …Read More

Partner Jeffrey Hartman Published in Bloomberg BNA

Smart Phones: A New Holy Grail of Digital Evidence for Litigators?    Using a series of short case studies, 4Discovery’s Jeffrey L. Hartman illustrates how specialized forensics are bringing new evidence to life in modern litigation as the amount of data stored on mobile phones grows. A vehicle, traveling at highway speeds, gradually veered off the roadway and smashed violently into the rear of a truck parked on the shoulder …Read More