FRAUDSTERS ARE becoming cleverer at burying their activities electronically, according to legal and accountancy professionals at financial and professional organisation pro•manchester.
A litigation seminar held by pro•manchester revealed that technology is fundamental to executing search orders and needs careful consideration. Judges are extremely wary of fishing expeditions, which means search orders have to be explicit, targeted and well thought-through to identify the material in question without trawling through irrelevant or privileged information.
Said Paul Jonson, dispute resolution partner at Pannone LLP: “While some judges are more IT-literate than others, the effective enforcement of a search order is definitely an area that has evolved over the past few years and has affected how information is identified and gathered.
“Claimants need to consider the exact wording of the listed items to be searched and to seek advice from a forensic technology legal expert before carrying out a search order that will include electronic data.” Christopher Marks, a forensic technology professional at Ernst & Young declared: “Electronic evidence can be dynamite. The casual nature of email can expose critical evidence in a case; finding the incriminating data is the problem. Simple keyword searches of a hard drive or server just won’t do.
“The latest software and technological techniques are key to uncovering wrongdoing. Experienced professionals can detect signs of fraud against a backdrop of copious amounts of data.”
Intellectual property theft in particular needs to be tackled carefully when tracking electronic data as part of a search order.
Steve Kuncewitcz, IP expert from Ralli law firm, explained: “While courts are keen to avoid unnecessary trawling, it’s possible to look for data without specifically looking at the data.
“Tracking individual file references is preferable to removing entire hard drives or servers. This kind of action could compromise your case as it could have implications under data protection and legal privilege laws.” Forensic technology techniques are a vital component of search orders. As businesses place increasing reliance on electronic data it is crucial professionals adapt their working practices to reflect the evolving IT environment in which they operate.