Computer Forensic Case Studies
Data Recovery Services, Inc. Cited as Expert in Residential Funding Corp. v. DeGeorge
DRS was recently cited in a US Appeals case concerning e-mail retrieval. The case states that while the Plaintiff used basic recovery and was only
able to recover 158 emails in four and a half months claiming, "[i]f there were no responsive e-mails for 10/98-12/98 ... it was either because there
were no responsive e-mails from that date or because they did not exist on the accessible back-up tapes." Using advanced data forensic recovery DRS
was able to recover 950,000 emails within FOUR days.
"Within four days of obtaining the tapes, "working a normal eight hour day," DeGeorge's vendor [Data Recovery Services] had located 950,000 e-mails on
the November and December 1998 tapes. Aff(idavit) of Don Wells. ... Because of time pressure, the parties agreed that RFC would produce all of the
4,000 e-mails that DeGeorge's vendor had been able to print out; RFC did so in court on September 14, 2001. " (US Court of Appeals, For the 2nd Circuit,
August 2001, Docket 01-9282).
This strengthens the claim that off the shelf recovery and e-evidence discovery tools are not the most advanced way to recover data. In addition, the
forensic investigator will most likely benefit from and be able to prepare a better case when employing advanced recovery services. The courts are
beginning to recognize this and that better, more advanced technology exists. Furthermore, not using the available technology can lead to sanctions.
Computer Forensics Int. in Action
With help from Data Recovery Services, Inkjet International, a high quality large format imaging firm, recently won its case against a former Inkjet
general manager and an investment banker. Prior to leaving Inkjet to form his own digital imaging company with his co-defendant, the defendant emailed
Inkjet's customer database to his home computer in an attempt to steal intellectual property from Inkjet. They firmly denied the allegations put forth
by Inkjet believing that no one would find out since they had deleted the email and the attachment containing the customer database from their home
computer. Larry Thomasson COO of Data Recovery Services explained, "Our forensic specialists were able to recover the email and the database for Inkjet
and subsequently testified to the findings of our forensic analysis." The defendants lost their credibility and the case.
After a three-week trial, a Dallas jury rendered a $1.87 million verdict in favor of Inkjet International. The jury of seven women and five men heard
the evidence in two phases. In the first phase, among other things, the jury found that Inkjet's former general manager breached his fiduciary duties,
misappropriated trade secrets, and engaged in fraud. In the second phase, the jury found that the defendants acted with malice.
Mr. Thomasson explained that many lawyers, judges and even would-be criminals incorrectly assume that deleted or corrupted files are irretrievable.
However, with the forensic technology we have available to us no computer crime can go unsolved.
In the preliminary stages of an employment dispute case, Data Recovery Services was brought in by a large computer services corporation to perform a
forensic recovery on an employee's desktop computer. Our client suspected the employee, who was also a foreign national, of hacking into other
classified computer systems due to information generated by the client's external auditing software program. After performing forensic analysis, DRS
could find no evidence of hacking on the employee's computer. Thus the employee was exonerated of any wrong-doing and other costly proceedings were
Couldn't cover his tracks
After finding pornography downloaded on its network server and a number of individual office computers, our client began to build a case for employee
dismissal. Data Recovery Services was hired to locate any deleted files and verify certain illicit and non-work related contents of the hard drives in
question. Forensic technicians were able to locate spy software, illegal file-sharing software, pornography, and information pertaining to a personal
side business. Both the CEO and the network administrator were dismissed as a result of the investigation.
Blind Software Scam
After being sued for negligence, our client was about to settle a multi-million dollar suit and re-write their entire software package because the
plaintiff was charging: installation of the software in question had permanently damaged/erased existing files, the irreplaceable data not recoverable
by any means, and could not access files in a specific software application critical to running his business.
DATA RECOVERY SERVICES was able to restructure and reformat all the files needed for the claimant's specific software application and reprogram data.
Using electronic data discovery, forensic and analysis applications Data Recovery Services discovered that the software installation had not caused
the data loss and determined the plaintiff had manually erased the alleged lost data! When shown the evidence the plaintiff dropped the suit and was
promptly counter sued.
DRS was recently cited in a US Appeals case (Residential Funding Corp v. DeGeorge Fin. Corp 306 F.3d 99) concerning e-mail retrieval. The case
states that while the Plaintiff used basic recovery and was only able to recover 158 emails in four and a half months claiming.
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With help from Data Recovery Services, Inkjet International, a high quality large format imaging firm, recently won its case against two former
employees. After leaving Inkjet to work for a competitor, the defendants emailed Inkjet's customer database to their home computer in an attempt to.
read full story