Expand Your E-Discovery Data Collection Services Via Partnership

Global EDD Group - Data Collection & Digital Investigation Services

Global EDD Group - Data Collection & Digital Investigation Services

Creating or maintaining a Data Collection and Digital Investigation team is a major investment for organizations of all sizes.  Beyond the initial cost of the specialized hardware and software required for this line of service is the ongoing labor cost for the trained specialists who undertake the technical tasks associated with each project.   While clients may demand data collection services in support of processing and hosting agreements, it often may not make good business sense to invest in a large or full time Data Collection and Digital Investigation team as it can be a burden on operating budgets.  As a valuable alternative, Global EDD Group provides Data Collection and Digital Investigation Services as outsourced subcontractor, enabling industry vendors to provide the services at a competitive price point without losing control of the client management or post-collection services.  Quite simply, the technicians from Global EDD Group provide services on your behalf under your direction via the Preferred Partner Program.

The Preferred Partner Program from Global EDD Group

Global EDD Group partners with service providers and law firms that are dedicated to providing their client’s with the highest quality discovery and document management services.  The Preferred Partner Program (3P) enables service providers and firms to seamlessly expand their suite of services and geographic footprint by integrating, referring or reselling Global EDD Group services.

Advantages of Partnering with Global EDD Group:

♦  Vast Experience with Complex Paper & Electronic Discovery Projects
♦  Driven to Exceed End Client Expectations
♦  Facilities in Asia, Europe & North America
♦  Mobile Collection & Processing Units
♦  Advanced Foreign Language Services
♦  Partner Retains Client / Project Management Role

Benefits of 3P:

♦  Extremely Competitive Flat Rate & Bulk Pricing Model
♦  Generous Discounts & Commissions Exceeding Industry Average
♦  Strict No Competition / No Solicitation Policy
♦  Increased Profit Margins
♦  Leverage International Strategic Alliances

Please contact us to learn more about Global EDD Group’s Preferred Partner Program.

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Tickle The Wire » Oracle Investigation Latest in Trend in Foreign Corrupt Practice Act Crackdown by Justice Dept.

The Software company Oracle is being investigated by the FBI, reports the Guardian, in what some see as a trend in the increase of prosecutions under the foreign corrupt practices act (FCPA), which forbids U.S. companies from paying bribes to foreign government officials or employees of state-owned companies.

“Every week there seem to be more and more companies going through what Oracle is going through,” said Butler University professor Mike Koehler, who maintains a blog on the subject, according to The Guardian.

Koehler cited increasing globalization and the 2002 Sarbanes-Oxley Act, which brought stricter corporate disclosure requirements, for the increase. He said  FCPA actions in 2010 accounted for 50% of the fines levied by the Justice department’s criminal division.

via Tickle The Wire » Oracle Investigation Latest in Trend in Foreign Corrupt Practice Act Crackdown by Justice Dept..

E-Discovery and Cyber-Shredding at News of the World | i-Sight Investigation Software Blog

The deletion of 500 GB of incriminating email archive data dating back to 2005 means the prosecution in the News of the World phone hacking case may be missing valuable e-discovery material.

One reporter has even gone so far as to suggest that Rupert Murdoch’s reason for shutting down the paper was to allow him to get rid of the electronic evidence.

Reuters law reporter Alison Frankel writes that Murdoch “may not be obliged to retain documents that could be relevant to civil and criminal claims against the newspaper–even in cases that are already underway. That could mean that dozens of sports, media, and political celebrities who claim News of the World hacked into their telephone accounts won’t be able to find out exactly what the tabloid knew and how it got the information.”

Obstruction of Justice

The e-discovery implications of the e-mail deletions are significant in light of the ongoing police investigation into the hacking allegations. If the executive can be identified, it’s likely that criminal charges will be filed for obstruction of justice.

“A company is supposed to suspend its routine destruction of electronically stored information if litigation is reasonably anticipated,” says Rebecca Shwayri, an attorney and e-discovery expert at Carlton Fields. “At the time the UK company shut down in the phone tapping case, litigation could definitely be anticipated. Government investigations were already being threatened once the news story broke. Arguably, a litigation hold should have been applied (at the very latest) at that time,” she says.

via E-Discovery and Cyber-Shredding at News of the World | i-Sight Investigation Software Blog.

FBI Opens 9/11 Phone-Hacking Investigation – WSJ.com

The Federal Bureau of Investigation has opened a probe into whether employees of News Corp. might have hacked or attempted to hack into the private calls and phone records of Sept. 11 victims and their families, according to people familiar with the matter.

The investigation was opened Thursday morning, following a request a day earlier by Rep. Peter King (R., N.Y.) who heads the House Homeland Security Committee and whose Long Island district was home to many victims of the 2001 terrorist attacks.

The investigation will try to determine whether employees of News Corp. illegally accessed the private calls, voice-mail messages, or call records of 9/11 victims or their families, these people say. It will also look into whether any News Corp. employees bribed or sought to bribe police officials to gain access to such records.

The FBI has opened a probe into whether employees of News Corp. might have hacked or attempted to hack into the private calls and phone records of Sept. 11 victims and their families.

A scandal over phone hacking in the U.K. by News of the World, a publication recently closed by News Corp., has roiled the media empire and prompted a series of legal inquiries.

via FBI Opens 9/11 Phone-Hacking Investigation – WSJ.com.

F.B.I. Giving Agents New Powers in Revised Manual – NYTimes.com

The Federal Bureau of Investigation is giving significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention.

The F.B.I. soon plans to issue a new edition of its manual, called the Domestic Investigations and Operations Guide, according to an official who has worked on the draft document and several others who have been briefed on its contents. The new rules add to several measures taken over the past decade to give agents more latitude as they search for signs of criminal or terrorist activity.

The F.B.I. recently briefed several privacy advocates about the coming changes. Among them, Michael German, a former F.B.I. agent who is now a lawyer for the American Civil Liberties Union, argued that it was unwise to further ease restrictions on agents’ power to use potentially intrusive techniques, especially if they lacked a firm reason to suspect someone of wrongdoing.

“Claiming additional authorities to investigate people only further raises the potential for abuse,” Mr. German said, pointing to complaints about the bureau’s surveillance of domestic political advocacy groups and mosques and to an inspector general’s findings in 2007 that the F.B.I. had frequently misused “national security letters,” which allow agents to obtain information like phone records without a court order.

via F.B.I. Giving Agents New Powers in Revised Manual – NYTimes.com.

F.B.I. Is Looking at Unabomber in ’82 Tylenol Tampering Case – NYTimes.com

The Federal Bureau of Investigation is examining whether Theodore J. Kaczynski, the Unabomber, was responsible for lacing several bottles of Tylenol with cyanide in 1982, bringing together two of the highest-profile domestic crimes of the late 20th century.

Mr. Kaczynski, who is serving a life sentence at the federal Supermax prison in Florence, Colo., recently filed court papers disclosing that the F.B.I.’s Chicago office was looking into whether he could be linked to the unsolved killings of seven people who swallowed the poisoned medicine.

via F.B.I. Is Looking at Unabomber in ’82 Tylenol Tampering Case – NYTimes.com.

FBI: Web-based services hurting wiretapping efforts – Computerworld

Web-based e-mail, social-networking and peer-to-peer services are frustrating law enforcement wiretapping efforts, a lawyer for the U.S. Federal Bureau of Investigation told lawmakers Thursday, but she did not offer concrete ideas on how to fix the problem.

President Barack Obama’s administration is debating ways to deal with Web-based services not covered by traditional wiretap laws, including incentives for companies to build in surveillance capabilities, said Valerie Caproni, general counsel at the FBI.

Many Internet services are not covered by the Communications Assistance for Law Enforcement Act (CALEA), which requires traditional telecom carriers to allow law enforcement agencies real-time access to communications after a court has issued a wiretap order, she told members of a subcommittee of the U.S. House of Representatives Judiciary Committee

But Caproni told lawmakers she was not asking for expanded CALEA powers. And she stopped short of calling for rules requiring Web-based communication providers to build in so-called back doors allowing law enforcement access to their software, although she said she’s optimistic the U.S. government can find incentives for companies to “have intercept solutions engineered into their systems.”

The FBI is concerned that law enforcement investigations are being compromised by the lack of wiretap capability on some Web-based services and encrypted mobile telephone traffic, Caproni said.

“We are not looking for any new authority,” she added. “We are concerned we are losing ground in actually being able to gather the information we are authorized to have.”

via FBI: Web-based services hurting wiretapping efforts – Computerworld.

Honda Cautions Customers of Data Breach. Computer Forensic Professionals Can Aid in Investigation

Hackers reportedly breached the systems of Atlanta-based e-mail service provider – Silverpop Systems. Silverpop Systems provides services to over 100 clients. Honda’ warning follows a similar warning issued by McDonalds, Walgreens and deviantArt. In this case, law enforcement authorities are investigating the case. Usually, professionals who have undertaken computer forensic training are hired to trace the culprits. These experts examine, collect, collate and analyze data and trace evidence against the perpetrators of crime. However, a large number of cases remain unresolved due to lack of evidence. Cybercriminals can be traced and prosecuted if the targeted organization has legally admissible evidence against them. Therefore, the affected computer systems must be protected from tampering and manipulation. Organizations may encourage employees in the IT department to improve their awareness on computer crime investigation by enrolling into computer forensics courses.

Honda has sent e-mails to all affected customers. The company has also issued an advisory on password creation and maintenance. Customers must be wary of reply to e-mails asking for personal information and authentication details. Often, cybercriminals send cleverly crafted fake e-mails, which seem to have come from a legitimate company. Customer may verify the authenticity of the email by contacting the customer relations personnel of a company by phone. Internet users must desist from reply to suspicious e-mails and e-mails from unknown persons. Cybercriminals are constantly improvising their attack techniques. As such, organizations must have an incident handling team to ensure proper collection of evidence. Incident handling team members may be guided through computer forensics online training programs to ensure proper collection of evidence and adherence to all procedures.

via Honda Cautions Customers of Data Breach. Computer Forensic Professionals Can Aid in Investigation.

F.B.I. Seeks Wider Wiretap Law for Web – NYTimes.com

Robert S. Mueller III, the director of the Federal Bureau of Investigation, traveled to Silicon Valley on Tuesday to meet with top executives of several technology firms about a proposal to make it easier to wiretap Internet users.

Mr. Mueller and the F.B.I.’s general counsel, Valerie Caproni, were scheduled to meet with senior managers of several major companies, including Google and Facebook, according to several people familiar with the discussions. How Mr. Mueller’s proposal was received was not clear.

“I can confirm that F.B.I. Director Robert Mueller is visiting Facebook during his trip to Silicon Valley,” said Andrew Noyes, Facebook’s public policy manager. Michael Kortan, an F.B.I. spokesman, acknowledged the meetings but did not elaborate.

Mr. Mueller wants to expand a 1994 law, the Communications Assistance for Law Enforcement Act, to impose regulations on Internet companies.

The law requires phone and broadband network access providers like Verizon and Comcast to make sure they can immediately comply when presented with a court wiretapping order.

Law enforcement officials want the 1994 law to also cover Internet companies because people increasingly communicate online. An interagency task force of Obama administration officials is trying to develop legislation for the plan, and submit it to Congress early next year.

The Commerce Department and State Department have questioned whether it would inhibit innovation, as well as whether repressive regimes might harness the same capabilities to identify political dissidents, according to officials familiar with the discussions.

via F.B.I. Seeks Wider Wiretap Law for Web – NYTimes.com.

Court Imposes Adverse Inference for Failure to Preserve Text Messages Related to Criminal Investigation : Electronic Discovery Law

United States v. Suarez, 2010 WL 4226524 (D.N.J. Oct. 21, 2010) (Not for Publication)

For the Government’s failure to preserve text messages sent between investigating agents and a cooperating witness, the court found sanctions were warranted and ordered that the jury would received a “spoliation charge” allowing (but not requiring) it to infer that the deleted messages were favorable to the defendants.

In 2008, federal law enforcement agents began using a cooperating witness in the course of their investigation of public corruption within the State of New Jersey.  In the course of that investigation, text messages were sent between the cooperating witness and several F.B.I. agents, including messages sent from the cooperating witness while meeting with defendants.  When those messages were requested, however, it was discovered that many had not been preserved.  Each of the agents testified that they had never been instructed to preserve their messages and that they deleted the messages from their handheld devices in an effort to free up memory space.  Additionally, many of the messages were lost from the Government’s servers and backup tapes as a result of the failure to timely issue a litigation hold.  Notably, a litigation hold was not issued until January of 2010 (seven months after the conclusion of the investigation and three months after beginning the search for the missing text messages), despite the fact that the F.B.I. appeared “well-equipped to preserve documents relevant to the litigation” had they been asked to do so and the fact that the U.S. Attorney “was aware of the importance of preserving documents relevant to the litigation and could have requested a litigation hold on the text messages from the inception of the investigation.”  As to one particular database which should have contained text messages from as far back as November 2007, the Government could provide no explanation as to why some text messages from the relevant time frame were preserved while others were “apparently deleted.”  As a result of the unavailability of the text messages, defendants requested the court suppress related evidence or issue an adverse inference instruction.

via Court Imposes Adverse Inference for Failure to Preserve Text Messages Related to Criminal Investigation : Electronic Discovery Law.