Computer Search Warrant Tampa - Overbroad

Tampa Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. , noted a recent case decided on the scope of search warrants issued in computer cases. Wired magazine noted:

"A divided 11-judge federal appeals court panel has dramatically narrowed the government’s search-and-seizure powers in the digital age, ruling Wednesday that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10."

The Court suggested that during a computer’s hard drive search, data should be culled to include the specific data described in the search warrant. The entire hard drive should not be subject to a wholesale review. When the entire drive is seized, an independent third party should review the data. The information should be limited by the Court. The term "filter teams" has been used to refer to the third party who review data seized by a search warrant.

The Appeals Court stated that the judge reviewing the search warrant application should “deny the warrant altogether” if the government does not agree to a third-party review in cases where data will be searched.

Has your data been the subject of a Search Warrant? We can help. Call Toll Free 1-877-793-9290 .

Source: wired.com/threatlevel/2009/08/privacyboost/

Computer Search Warrant Tampa - Overbroad

Tampa Criminal Tax Charges and Amnesty

Tampa, Florida Criminal Defense Attorney notes that Lawyers and advisers from several firms have indicated they have been inundated with calls from people hiding assets overseas. Their advice: Call the IRS before the IRS calls you.

In Florida, international tax dodgers can apply for the Internal Revenue Service Amnesty Program. So far, over 3,000 (up from 100 the previous year) Americans who were hiding assets have enrolled. Deadline is October 15, 2009. The feds have promised no jail time and reduced penalties for tax evaders who come forward according to media reports citing an anonymous IRS source.

Even before this program, The IRS allowed tax evaders who come forward before they are contacted by the agency to avoid jail time, if they agreed to pay back taxes, interest and penalties. If the money has been earned legally, then tax evaders can usually avoid criminal prosecution.

Swiss banking giant UBS AG has turned over details on 4,450 accounts suspected of holding undeclared assets from American clients. If the IRS obtains information about international tax evaders, they are ineligible for the amnesty program.

Stop Worrying. Call us today at 1-877-793-9290 for a free initial consultation.

Source: TBO / AP

Tampa Florida Criminal Tax Charges Attorney Lawyer

Tampa Federal Criminal Defense Attorney on eMail and Subpoenas

Tampa Federal Criminal Defense Attorney notes that one court just held a Search Warrant for eMail was unnecessary, where a federal subpoena was issued. The federal Judge ruled that an Internet Service Provider must comply with the Government subpoena for E-Mail. In this cybercrime prosecution, the Government had subpoenaed the Internet service provider (ISP) and sought the contents of electronic communications. The subpoena requested previously opened or sent e-mail that belonged to the defendant.

The ISP failed to produce e-mails that had been stored for fewer than 181 days, the Government filed a motion to compel production of the e-mails' content. The ISP claimed the information sought required a search warrant. The Court ruled that the Stored Communications Act (SCA), required the ISP to comply with the Government's subpoena if the e-mails are held or maintained solely to provide the customer storage or computer processing services.

The court further ruled that previously opened e-mails stored by the ISP for web-based e-mail systems—as distinguished from other e-mail systems—are not in "electronic storage," which is defined by the Wiretap Act as storage incidental to electronic transmission and for the purposes of backup protection of the e-mail. Based on this finding, the court ordered the ISP to comply fully with the Government's subpoena.

When Federal Subpoenas are issued, we can help. Tell me your story Toll Free 1-877-793-9290 .



Tampa Federal Criminal Defense Attorney Subpoena eMail

Source: United States v. Weaver, 2009 WL 2163478 (C.D. Ill. July 15, 2009).