Computer Forensics - The Cyber Hunt for Evidence

By: Brook T. Schaub, ACEDS 

The question wasn't whether the newlywed husband was currently married, he was. The issue in fact, was whether the new bride, prior to their marriage, knew he was still married. Estates, rights to property, spousal support and other issues were all held in the balance by this one simple fact.

Fortunately, the family law attorney knew the value of computer forensics in discovering the truth. Upon completing the forensic examination of the bride's computer media, a short text chat between the couple months before the wedding revealed she knew about his existing marital status. On her cell phone, she had a picture of the groom's first marriage license, and she had run internet searches to get information on the existing wife. All this information was neatly time and date stamped electronically.

Don't underestimate the value of computer forensics in family law matters. Some studies indicate at least 25% of spouses have a secret credit card or bank account, and 80% have hidden nefarious spending habits unknown to their spouse. Financial infidelity is of great value when brought to light. One computer forensic examination of a husband's laptop revealed he was setting up bank accounts in his girlfriend's name and sending her loaded credit cards to help hide his assets. The scheme was clearly documented in Skype chat logs and e-mails. His Internet searches for information on money transfers to foreign banks and his visits to an out of the country realtor's web site were easily documented.

Audits typically focus on only 20% of structured assets. Bank statements, tax returns, and other transactional databases are most commonly used during a search for assets in family law cases. The other 80% is unstructured, but may be revealed through computer forensics. The sale of a Rolex on eBay seldom finds its way into the 20% of assets. The losses at on-line gambling sites are rarely revealed in tax returns. E-mails from a business owner trying to reduce his net worth by manipulating debits and credits with his suppliers may also be found.

On a non-compete case, the client assured his lawyer that nothing illegal or embarrassing would result in the examination of his computer. The subsequent forensic discovery of deleted movies the client had videotaped of his wife in sexual relations, and his subsequent posting of the videos on the internet, was enough for counsel to lose faith in the honesty of his client and seek a settlement. In an embezzlement case, the offender was frequenting pornographic web sites and was stealing company funds to pay for prostitutes and expenses at gentleman's clubs. Computer forensics assisted with documenting fraudulent 401k loan repayments, pictures and videos of the suspect with prostitutes, and internet posting reviews by the offender of erotic dance clubs and dancers.

In a child custody matter, an unemployed father wanted to have custody of the children and claimed to be a doting father. The computer forensic examination of a home computer, used by the father, showed hours of on-line poker activity each day while he was supposed to be watching the children.

On a libel case, electronic discovery consulting was provided to the plaintiff's attorney on preservation holds, Internet Service Provider contacts, third party subpoenas and e-mail. A subsequent court order resulted in the recovery of e-mails on a witness's work account from the Respondent. The Respondent e-mails revealed an attempt to bribe the witness to commit perjury in Federal court. The Respondent's attorney quit the case and the new counsel quickly reached a seven figure settlement with the Plaintiff. Computer forensics on the libelous electronic document revealed metadata leading directly to the Respondent's home computer.

Computers have become the filing cabinet, the roll top desk, the newspaper subscription, the bank book, the postcards and letters, diary, library, movie theater, and the Montgomery Ward catalog of generations past. A computer forensic examination that locates a Google search for "hiding assets"," nude teens" or "casual encounters" can dramatically affect the outcome of the family law case. Every case should be evaluated at engagement onset to determine whether computer forensics can add the "smoking gun" to your family law case.

To learn more about how computer forensics can help you, please contact Eide Bailly.