Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Computer Forensics Docket Sheet
Court Reverses Conviction Where Defendant
Was Unaware Of Computer Cache Files
In a suit charging the defendant with knowing possession of child pornography, the Georgia Court of Appeals reversed the jury trial conviction based in large part on computer-forensic evidence. A computer-forensics analyst testified that computers automatically store information that users view on the Internet on their hard drives in temporary Internet cache files. The computer-forensics expert also explained that there's no way to determine whether the stored files were affirmatively sought after by the user or were pop-ups. A user also is not able to retrieve these files without special forensic software, which was not present on the defendant's computer. As knowing possession of child pornography requires proof of an affirmative step to save or download images to the computer and knowledge of their existence, the defendant did not have the required culpability to be held guilty of the crime. Barton v. State, 2007 WL 1775565 (Ga.App. June 21, 2007).
Michele C.S. Lange Joni Heike E-Discovery Case Law Update Computer Forensics http://www.krollontrack.com e-Discovery Law & Strategy [email protected]
Court Reverses Conviction Where Defendant
Was Unaware Of Computer Cache Files
In a suit charging the defendant with knowing possession of child pornography, the Georgia Court of Appeals reversed the jury trial conviction based in large part on computer-forensic evidence. A computer-forensics analyst testified that computers automatically store information that users view on the Internet on their hard drives in temporary Internet cache files. The computer-forensics expert also explained that there's no way to determine whether the stored files were affirmatively sought after by the user or were pop-ups. A user also is not able to retrieve these files without special forensic software, which was not present on the defendant's computer. As knowing possession of child pornography requires proof of an affirmative step to save or download images to the computer and knowledge of their existence, the defendant did not have the required culpability to be held guilty of the crime. Barton v. State, 2007 WL 1775565 (Ga.App. June 21, 2007).
Michele C.S. Lange Joni Heike E-Discovery Case Law Update Computer Forensics http://www.krollontrack.com e-Discovery Law & Strategy [email protected]
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.