Federal Defense Attorney on Search and Seizure of Electronic Devices

Tampa Federal Criminal Defense Attorney has reviewed Government policies on Search and Seizure of Electronic Devices at borders. The U.S. Department of Homeland Security’s (DHS) policy is to treat computers, laptops, and other electronic devices like suitcases and backpacks in terms of border searches. It appears under current DHS policy, Customs and Border Protection (CBP) agents believe they are not required to provide justification or a reason for these electronic searches.

In a response to a recent Freedom of Information Act (FOIA) request, CBP disclosed the following: Electronic devices that were searched included laptops, USB thumb drives, hard drives, cell phones, digital cameras, and even DVD disks . From October 2008 through June 2009, CBP officials searched over 1,500 electronic devices belonging to travelers.

Cell phones were the most often searched and seized devices between October 2008 and June 2009. From July 2008 to June 2009, and Border Protection (CBP) transferred electronic files found on travelers’ devices to third-party agencies almost 300 times. More than 80 percent of the transfers involved the CBP making copies of travelers’ files. Over half the time, these unknown agencies asserted independent bases for retaining or seizing the transferred files.

As a defense attorney, it appears that the best strategy when traveling is to leave electronic devices at home.

Border Search? Tell Me Your Story Toll Free 1-877-793-9290. Sources: http://www.informationweek.com/news/government/security/showArticle.jhtml?articleID=219500468 http://www.nefafoundation.org/miscellaneous/FeaturedDocs/DHS_ForeignTravelThreatAssessment.pdf http://www.aclu.org/print/national-security/customs-and-border-protection-cbp-first-production-documents Federal Defense Attorney on Search and Seizure of Electronic Devices

Computers in Criminal Court Seminar

Tampa Federal Criminal Defense Attorney presents an outstanding discussion by experts in the field on Electronic Discovery and Evidence in Criminal Actions. Free download of seminar is here. The materials discussed in the presentation are available here.

Faculty includes a Judge and DOJ Official. Discussion of target letters, subpoenas, and computers. Preservation and destruction of digital evidence issues are addressed.

Acknowledgement: Thanks to Nancy J. Erickson at BNA - legaledge.bna.com .

When Computers Come to Court - Tell Me Your Story Toll Free 1-877-793-9290 .

Computers in Criminal Court Online Seminar

Federal Sentencing in Computer Related Crimes

Tampa Florida Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary notes that Computer crimes draw stiff sentences in Federal Courts. However, at a United States Sentencing Commission (USSC) hearing in Chicago, a Judge said it would give him comfort in affirming below-guideline sentences in child porn cases to see data showing there are lots of below guidelines sentences. There is such data.

In the first three quarters of 2009, judges sentenced below the guideline range in 503 of 1195 cases (42%) and the government moved for a below-guideline sentence in another 128 cases (10.7%), 101 of which were for reasons other than 5K1.1, that is, for reasons under 3553(a). See USSC Preliminary Data Report, Table 5.

The complete Report is at the link below:

If you have a computer problem in Federal or State Court - Tell Me Your Story Toll Free 1-877-793-9290.

Source: http://www.ussc.gov/sc_cases/USSC_2009_Quarter_Report_3rd.pdf.

Tampa FBI, Delays, and DNA Database

Tampa Criminal Defense Attorney notes significant delays in processing DNA collected for an ever-expanding range of reasons for a seemingly unlimited list of offenses. The surge in DNA collections by the prosecutors has inundated crime labs that are required to process the genetic material and enter the results into the national DNA database.



Is DNA an issue - Tell Me Your Story Toll Free 1-877-793-9290 .

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).

Tampa Federal Defense Attorney - Sample Target Letter

Tampa Federal Criminal Defense Attorney has just returned from additional training on defending wire and bank fraud charges. As previously noted, these types of investigations are numerous and ongoing in the Middle District of Florida.

Below is the text of a typical target letter sent by Federal Prosecutors prior to seeking indictment of a "target." A target has been defined as: "a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant." United States Attorney's Manual § 9-11.151. Proceed cautiuosly if you have received one of these letters.

Sample Target Letter:

Re: Grand Jury Investigation, USAO No. 20XXXXXX

Dear Target:

This letter is to advise you that you are now a target of a Federal Grand Jury investigation in this District involving your activities with others related to [Charges and Activities] fraudulent mortgage transactions, in violation of the conspiracy, wire and bank fraud statutes [Statutes Here](Title 18, United States Code, Sections 371, 1343 and 1344), as well as other possible violations of federal criminal laws. The United States is prepared to proceed before a Federal Grand Jury to seek charges against you.

Should you desire to discuss the matter with us before we proceed to bring formal charges against you, please have your attorney contact Assistant United States Attorney [Name Here] (813) 555-5555, so that we may schedule an appointment. If you do not have an attorney and would still like to discuss the matter, please contact Special Agent [Name] at (813) 555-5555 to arrange an appointment. If we do not hear from you or your attorney on or before [Deadline Date], we shall assume that you do not wish to discuss the matter and will proceed accordingly.

Sincerely,

Assistant United States Attorney

If You have received a letter like this, we can help. Get advice from an expert - Call Toll Free 1-877-793-9290.

Tampa Federal Criminal Defense Lawyer

Tampa Federal Criminal Defense Video

Tampa Criminal Defense Attorney discusses that hundreds of people are arrested, questioned, and indicted in both Florida State and Federal Courts every day. That's where Florida Bar Board Certified Criminal Defense Expert, W.F. ''Casey'' Ebsary, Jr. comes in. An experienced former prosecutor of both Felony and Misdemeanor charges explains where to go for help in this 30 second video.

Stop Worrying. Get Some help Today. Call Toll Free 1-877-793-9290.

Tampa Mortgage Fraud Attorney

Tampa Criminal Defense Attorney Online

Tampa Criminal Defense Attorney annonounces two new resources to help those under investigation, indictment, or pending criminal cases in the Tampa Bay Area. The new sites are:

TampaCriminalDefense-Attorney.com

TampaCriminalDefense-Lawyer.com

The sites focus on defense of criminal charges: theft, larceny, grand theft, computer crime, cybercrime, computer fraud. Help for white collar charges, criminal charges arising out of the internet, and drug charges is also available.

Quit Worrying. Tell Me Your Story. Call Toll Free 1-877-793-9290

Tampa Criminal Defense Attorney Selected for 2009 Super Lawyers

W.F. "Casey" Ebsary, Jr., was again selected for inclusion on the Florida Super Lawyers list for 2009. Only five percent of Florida attorneys have been named to the list. He was selected through an extensive process of peer nominations, blue ribbon panel review and independent research.

Tampa Federal Criminal Defense Lawyer

Forensic Science in Doubt in Florida Federal and State Courts

The National Research Council (NRC) reviewed forensic practices in this country and concluded industry standards are in need of serious upgrading. The results of this study are published in: Strengthening Forensic Science in the United States: A Path Forward. The report found: a lack of mandatory and enforceable standards based on research and testimony; unacceptable backlogs in local and state laboratories; lack of ties to research universities; and lack of central governance to correct weaknesses in the field.

NRC recommended changes:

* Stronger leadership to strengthen forensic science through an independent National Institute of Forensic Science;

* Certification for forensic science professionals and accreditation for laboratories;

* Results which indicate the level of uncertainty in the measurements of DNA analysis;

* Court testimony grounded in science which acknowledge uncertainties; etc.

The computer forensic team used by Board Certified Criminal Trial Lawyer W.F. ''Casey'' Ebsary, Jr., helps level the field when federal or state crime labs line up on the other side. Call Toll Free 1-877-793-9290. Get some help today.

Computer Forensics, electronic discovery, eDiscovery, Florida Financial Fraud Defense Attorney, Internet Expert Attorney Florida, Tampa Criminal Defense Attorney

Mortgage Fraud Criminal Defense Attorney - Tampa Florida

Tampa federal criminal defense attorney notes interest by United States Attorney in pursuing loan and mortgage fraud cases. According to recent reports, Florida is first in the nation in mortgage fraud. Sources report that Tampa is second in the amount of suspicious loan activity. Miami Dade tops the list.

There is a new focus by law enforcement on theses case as previously suggested on this site. U.S. Attorney A. Brian Albritton told a newspaper that "The allegations that were made would fall in the range of something that our office would be interested in . . . Mortgage fraud, in its essence, comes down to lying . . .The goal of this office, given the resources that we have, is to find the most significant cases involving those lies."

A Florida man prosecuted by Albritton's office was sentenced to 10 years incarceration and ordered to pay $6.5-million in restitution for mortgage fraud. In June, four others in a mortgage fraud scheme were indicted.

Dave Couvertier of the Tampa FBI has recently stated "we would reassure the public that the FBI views mortgage fraud as a significant and growing crime problem," The Florida FBI official also stated that "Combating significant fraud in this area is a priority for us."

The Law Office of W.F. ''Casey'' Ebsary, Jr., A Board Certified Criminal Trial Lawyer, experienced in State and Federal Courts, can provide help in defending these types of allegations. Casey is available at Toll Free 877-793-9290 and at CentralLaw.com .

Source: SPTimes

Mortgage Fraud Criminal Defense Attorney - Tampa Florida

Tampa Criminal Defense Attorney Internet Service Providers Become Cops

Tampa Criminal Defense Attorney reports that new tools being marketed by an overseas company checks every file flowing through an Internet service provider's network — every movie, every image, every document attached to an e-mail. The software compares for matches to a list of illegal images.

W. F. "Casey" Ebsary, Jr., has learned that the invasive new technology called "deep packet inspection," allows Internet companies to analyze data flowing through their networks. One leading expert on electronic privacy in the United States says the proposal would clearly run afoul of the U.S. Constitution. The expert opines that the technology essentially sets up a wiretap without obtaining a warrant from a judge.

According to the manufacturer, encrypted files on the peer-to-peer network could not be decrypted by the technology. However, the company claims it can fool the sender's computer into believing that the recipient was requesting an unencrypted and uncompressed file. The system calculates a hash value and compares the files to the list of illegal files.

Tampa Criminal Defense Attorney Lawyer ISP Cybercrime

White Collar Defense - Employees and Attorney Client Privilege - Tampa Criminal Defense

Tampa Criminal Defense Attorney reports that the Department of Justice DOJ has discontinued its policy that previously considered companies as not cooperating if they paid attorney fees for employees or failed to share attorney-client work product and confidences with prosecutors. The new DOJ guidelines that are intended to protect a company's attorney-client privilege, work product, and employees' right to counsel.

Executive Summary: The following is a summary of the new DOJ Policy

Credit for cooperation will depend on the disclosure of relevant facts, not on the corporation's waiver of attorney-client privileges;

A corporation's payment of attorneys' fees for employees is not a factor in determining cooperation;

A corporation's participation in a joint defense agreement with employees does not preclude credit for cooperation;

Whether the corporation has sanctioned or retained culpable employees is not a factor in determining credit for cooperation;

Historically, it has been the DOJ's policy to give credit to a corporation in exchange for its cooperation, but what exactly a corporation must do to earn such credit? According to Deputy Attorney General Mark Filip, the new guidelines reflect the DOJ's "commitment to two goals: safeguarding the attorney-client privilege and
preserving the DOJ's ability to investigate corporate wrongdoing effectively."

Important Note: The guidelines do not apply to investigations by other federal agencies such as the Securities and Exchange Commission and the Environmental Protection Agency.

Criminal Defense of Florida Executives

Criminal Defense of Florida Executives - With falling markets and billions of dollars in funds alleged to be missing, accusations and investigations of purported wrongdoing are sure to follow.

If you or an employee are the subject of an accusation of illegal business conduct, lead counsel at CentralLaw.com can organize your criminal defense team. Lead Counsel, W.F. ''Casey'' Ebsary, Jr. is an AV rated lawyer, a board certified criminal trial lawyer, and has expertise in allegations involving wrongdoing using computers and networks.

Please contact us to find out how our team can help you or your organization.