Expert Witness Blog

In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene, CEO of Evidence Solutions, Inc., writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.

An example of computer message in a court case dates back to the infamous trial of some of the Los Angeles Police being tried in the 1991 beating of Rodney King. One of the officers created a computer message stating, “…….I haven’t beaten anyone that bad in a long time.” This obviously became admissible in court.

A more recent example, is one in which we as a company were hired in a libel case. The libeler was using the internet to post messages on a public bulletin board that were both slanderous and libelous against a competitor in the same field. This person felt that by using “anonymous” e-mails and postings, this would increase their own standing within the same professional community. What the libeler didn’t count on was the traceability of the e-mails to their home, cell phone and company computer systems. We were able to locate the electronic trail, and with this information obtain, on behalf of the client, a court order to confiscate the equipment in order to create image copies of the electronic systems. As a result, in order to keep the issue private, the libeler agreed to a significant out of court settlement.

In Continental Valuations News, real estate valuation expert witness Robert D. Domini, MBA, MAI, writes:

Inventories are beginning to come down in markets like, say, Fort Myers, Florida. You all remember the good old days when a 250-lot subdivision “sold out” in one day? At the peak, properties were appreciating at 5% per month. Buyers had to offer list price on the day it was listed, or lose the deal. The successful bidder stood to make around $50,000 in a few months, on paper of course. Those were the good old days. Then we entered the hold-em phase which lasted about a year. Finally, those desperate to sell began dropping their prices. If you make the trip down there in up-coming off season to look for your retirement dream home, ignore the asking prices. Most sellers are still holding out for the big bucks. Make an offer where you feel comfortable, and someone probably will take it. The foreclosed, REO properties are another story. Those prices are already low.

In Security Experts: Litigation and Beyond, security expert witness Robert A. Gardner, CPP, writes:

Q. How can a security expert help me? I don’t handle security related litigation.

A. It’s true that security experts are most often retained for litigation. Expert opinions on issues of crime foreseeability, security adequacy, and security standards and practices can make or break a case. As such both plaintiff and defense attorneys are constantly in search of qualified security experts. But while the attorney who prevails for a client in litigation may be appreciated, the attorney that can keep a client out of litigation is a true hero.

Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes on working with copies:

Another reason why photocopies are problematic is the ability of a person to create or fabricate a completely fictitious document using photocopy technology. The purpose of fabricated documents is to offer them as proof of a position in a dispute, to justify a position, or taking some action. Increasingly, the authenticity of photocopied documents is being questioned because of the ease with which fictitious documents can be created to make it appear that the original document contained certain text or even a signature.

Assuming that the copy accurately records all of the features found on the original it purports to represent is hazardous at best. The only way to substantiate that a copy is an accurate reproduction of the document it purports to represent is by comparing the copy with the original. Authentication of an original based only on the examination of a purported copy of that document is not possible. Any opinion based on the examination of a copy applies only to the examined copy and cannot be extrapolated to the original the copy purports to represent.

In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.

Either having an employee delete a potentially damaging or inflammatory e-mail or even an employee deleting an e-mail on their own, does not protect anyone. In fact, it could in the end harm everyone involved.

If a complaint or inappropriate conduct of an employee has risen to the level where you as an owner/supervisor, need to consult a Computer and Technology Forensics expert, one of the first areas checked is for deleted documents and/or e-mails. These items cause red flags during an examination of equipment, and the original items can and most likely will be found and/or reconstructed. It is very important to understand that the intentional destruction of evidence is a felony, and if proven, could land one in jail.

In Continental Valuations News, real estate valuation expert witness Robert D. Domini, MBA, MAI, writes:

Not only is there a natural fallout from an auto recession, but this time around the domestic auto companies have run out of money, although Ford has survived so far without Government funds. GM and Chrysler are being forced to close dealerships. GM is shedding divisions as we speak.

Commercial real estate owners are facing a double whammy. They are not only fighting higher vacancy, lower rents and higher cap rates, but they are also facing restricted debt options. As the economy continues to shed jobs at a rate of 650,000 to 700,000 per month, investors will face ever greater challenges. According to Deutsche Bank, the conduit lenders are facing 3.5% delinquency and expect the figure to reach 6% by the end of the year. The peak rate during the early 90s was in the 6% to 7% range. So, with 5-year rollovers coming due, investors face much tighter underwriting standards amidst declining prices, cash flow, rents, etc.