Modern Tools for the Modern Investigation
Complex Civil Cases
Business or workplace disputes often have the potential of civil litigation. In these cases, the parties involved in the investigation, whether counsel or investigator, need to understand the complexities of the business. Investigators in particular must understand how the company conducts its business and how information is obtained and stored, as well as best practices for forensically retrieving data.
In today’s business world, massive amounts of data is transferred, analyzed and stored daily. It is this data that holds much of the evidence sought after in a civil dispute. McCann Investigations understands the complexities of stored data and has the skills to retrieve and analyze that data in a sound and defensible manner. Compute and mobile forensics, when combined with in-depth background investigations and research (including surveillance and undercover work), can help clients to gather evidence needed to build a strong defense and a solid case in complex civil litigation matters.
It is important to obtain all of the facts and gather them in a sound and defensible manner. With well over 80% of data being in the form of electronically stored information, the ability of McCann Investigators to analyze computer, mobile and network data is imperative to help gather all of the necessary facts. The ability to review emails and text messages, conduct extensive background checks and provide supporting surveillance and undercover work can make or break any given case.
Complex Civil Case Examples
The cases listed below represent a small sample of the hundreds of cases investigated by McCann over the past 28 years. Material facts have been changed to protect the privacy of our clients. Some of the cases discussed combine various issues and materials found in relevant case studies that have been reviewed by McCann Investigators. No attempt should be made to draw any factual conclusions based on the cases discussed. Please contact McCann Investigations for real world cases in which references can be furnished.
Partnership Fraud: Proving Embezzlement by the Operating Partner
In this case, McCann Investigators worked as a team to gather evidence to determine the extent of the fraud committed against the majority partner. Since the majority of evidence from the client’s site was in the form of electronically stored information (ESI), McCann computer forensic technicians moved into to gather the relevant evidence. Material evidence was discovered that showed that the minority partner was engaged in a pattern of theft that stretched back over three years. An analysis of vendors, credit card statements, etc. also added evidence to these claims. McCann investigators developed the materials for the civil filings and referred the case to local law enforcement.
Sexual Harassment Allegations against a Partner in a Law Firm
In this case, McCann Investigators were retained by a law firm to help with an internal investigation involving a senior partner. The claim, made by a new legal assistant, was that the senior partner had been emailing and texting her suggestive material that allegedly included a picture of his genitals. The senior partner denied the allegation and claimed that he was the victim, and that the claims had been fabricated. In this case, the smarts phones were the property of the firm and McCann mobile forensic investigator were able to obtain both the legal assistants and senior partners mobile devices. In addition, McCann network forensic investigators were able to review the laptops, emails, and social media accounts of both parties. The senior partner also provided access to his home and personal iPad. McCann Investigators were not able to show any discoverable communication between the senior partner and the legal assistant. However, McCann mobile forensic investigators did discover deleted photographs on her iPhone of nude images that appeared to match those claiming to come from the senior partner. She soon left the firm.
Slip and Fall Accident Video: Actual Video or Tampered Video?
In this case, McCann Investigators were retained by a law firm to review video related to a fatal ladder accident. The fall had been captured on video by a digital recording device. The claim by the landlord was that in using the ladder, the contractor was acting in a dangerous and unsafe manner. The contactor’s claim was that the landlord simply did not clean up water that the landlord allegedly knew about and ignored. The video appeared not to show water on the ground and it also appeared to show the contactor standing on the very top of the ladder. McCann Investigators were able to show that the video had not been tampered with and were able to show, in court, a “zoom in” of the floor that clearly showed no water.
Texting While Driving: Was the Driver Texting At The Time of Crash?
In this case, McCann mobile forensics investigators examined a mobile device, an iPhone, to attempt to determine if a driver was texting at the time of a serious accident. McCann was hired by the accident victim’s insurance company. The iPhone was provided to in a discovery request. The phone company records showed a text transmitting from the device on or about the time that the freeway video cameras documented the accident. McCann mobile forensic investigators were able to recover a text message that had been deleted a few hours after the accident. In addition, McCann mobile forensic investigators were able to recover text messages two days after the accident discussing the removal of text messages.