Three ways Computer Forensics Can Help Your Divorce Case

When should you do a computer forensics investigation in a divorce case? When you have a feeling that your spouse or soon-to-be ex-spouse is up to something on a family computer, when you notice that your spouse or soon-to-be has been spending an inordinate amount of time on the family computer, you notice strange web activity, or emails and other activities seem to be getting erased.

Before or during your divorce, it may help to have computer forensics investigation performed on your computer.

Computer forensics is the specialized practice of investigating computer media for the purpose of discovering and analyzing available, deleted, or “hidden” information that may serve as useful evidence in a legal matter.

Marital Assets
Whether it’s hiding income or spending marital assets, computer forensics can help show the misappropriation of marital funds. At the CMP Group, we have seen the great lengths people will go to hide or spend marital funds, such as a recent post about hiding marital funds in Bitcoin.

Forensic computer examination could help obtain evidence to show bank account numbers that were previously unknown to transfer funds, shell companies, or accounting files that could be used later as a lead to recover assets.

Infidelity
Even with the advent of “no-fault divorce” states (divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party), showing that your spouse cheated may help if you have a cheating clause in your pre-nuptial or post-nuptial agreement.

Couples who choose to include an infidelity clause in their pre/post-nuptial are, more or less, agreeing that if one party has an extramarital affair, he or she will have to pay the aggrieved spouse with some sort of financial award.

Emails, pictures, purchases, bank accounts, contacts and communications recovered by a computer forensics investigator may help you make your case.

Illegal Activities
If you have your suspicions that your spouse (or soon to be ex-spouse) is involved in illegal activities that may jeopardize you, the family and shared assets, you may want to find out and use it in your divorce or child custody case.

For drug abuse cases for example: by indexing the internet history, it could be easily found if your spouse was purchasing un-prescribed narcotics or illegal drugs online using the deep dark web.

When are you not allowed to do computer forensics?
You may not perform computer forensics on another person’s private computer or devices unless you have permissible use.

Family computers that you, your spouse or children share may have a forensics investigation and evaluation performed on them.

White-Collar Crimes in Small Businesses

When most people think of white-collar crime, they think of Enron, Bernie Madoff, Martha Stewart or the father of the Ponzi Scheme – Charles Ponzi.

It is all relative.

While some crimes cost companies millions of dollars, some crimes can cause a small business thousands of dollars (which seem like millions to them).

White-collar crime includes lying, stealing or cheating in a business setting. In total these crimes cost the United States around $300 billion (yes that’s with a “b”) a year.

Internal Theft by Employees

Often, a small business has one person overseeing a certain department, this is fine usually, except for billing. A good example would be a single bookkeeper who has check signing ability, prepares the accounting and financial statements in addition to reconciling the books. Allowing one person to have that much authority could expose the company to potential money laundering schemes and embezzlement.

1. Have two signatures required on company checks to ensure that more than one person is aware of company disbursements.

2. Have an independent accountant perform audits without informing the bookkeeper.

Vendor Fraud

Vendors also commit white-collar crimes, usually various types of consumer fraud.

Here are a few common examples:

-Your company bought a bulk order of pens at a significantly lower price, but after delivery learns the pens are only half full of ink.

-Your company gives a deposit to a vendor for supplies but soon after rendering payment that vendor has packed up shop and left with your deposit, nowhere to be found.

To help prevent these types of fraud:

1. Create an approved list of vendors that are tried and true.
2. Have a policy in place where a new vendor needs to be approved..
3. Do your own investigation –search the Better Business Bureau for their rating and any past issues.

If you liked this post, maybe you’ll like ways to secure your small business.