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.

Computers in Court - eDiscovery Computer Forensics Update

New One Minute Video - Computers in Court - eDiscovery and Computer Forensics




Most documents are created and stored electronically. This one-minute video Computers in Court - eDiscovery and Computer Forensics - Most documents are created and stored electronically. This one-minute video covers what to do when a computer lands in a courtroom. CentralLaw.com uses professionals that are certified and experienced in providing computer forensic service and electronic data discovery services to clients. We use state of the art technology and forensically sound procedures and tools. We maintain the appropriate chain of custody. All digital evidence is stored in an access controlled computer lab. We assist our clients with all phases of electronic discovery and computer forensics including: identification, acquisition, analysis, reporting and, if necessary, we provide an expert to testify on evidence from electronic storage mediums such as computer hard drives. Video courtesy of http://www.CentralLaw.com Toll Free 1-877-793-9290

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New Video - Florida Cybercrime Defense Attorney

New One minute video from W F Casey Ebsary, Florida Cybercrime Defense Attorney in Florida. A lawyer with experience in computer crimes, theft of intellectual property, and many other offenses, suggests important things to consider when getting help in these areas. Toll Free 1-877-793-9290. http://www.centrallaw.com

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RIAA Explains How to Catch Alleged Music Pirates

The RIAA Recording Industry Association of America used the same file-sharing software that online pirates use, an RIAA representative said during a private demonstration of how it caught alleged music pirates.

The RIAA uses LimeWire.The RIAA has a list of songs owned by the RIAA's members. Media Sentry, runs copies of the LimeWire program and performs searches for those copyrighted song titles, to see if any are being offered by people whose computers are connected to the LimeWire network. The software lists IP address of active file sharers. The names of the people associated with particular IP addresses are not public, it is easy to find out which IP addresses are registered to each Internet-service provider. Using public databases, Media Sentry then locates the name of the Internet-service provider and determines which traders are located at colleges or universities.

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Law Enforcement Has a Forensics Team - So Can You

In a computer forensics lab, the police have specialized equipment which prevents any alteration of original digital media such as hard drives, disks, and flash drives disks. In addition, they have hardware and software that will retrieve evidence from cell phones, such as text messages and pictures. For computers, specialized software is used to examine the computers and extract the evidence. Methods adopted from the International Association of Computer Investigative Specialists, a worldwide organization for computer forensics examiners, are sometimes used. At CentralLaw.com we use a forensics expert to help sort through data used in prosecution of federal indictments and state charges, fraud, hacking, theft of trade secrets, and other forms of cybercrimes.

Feds Claim No Privacy in Emails

On October 8, 2007, the United States Court of Appeals for the Sixth Circuit granted the USA's request for a full-panel hearing in US v. Warshak. The case centers on the right of privacy for stored electronic communications. Can the Government merely subpoena mail and skip judicial review of a search warrant? The case presents the Government's position on Constitutional email and electronic privacy - that there isn't any.

Get your encryption keys ready for this one.

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Sanctions and eDiscovery

The ABA has recommended that processes and procedures be put in place to avoid sanctions for violation of Discovery rules and the harsh sanctions for violation thereof.

Use Meta-Tagging -- Meta-tagging enables a user to tag files as being an active part of an investigation. This produces a document set where parties can isolate matching files into a working result set. You must have the ability to review files in their native format without destroying file content integrity. An accurate list of files ensures that no document outside the confines of the E-Discovery scope are exposed and thus submitted as evidence. Frozen Redacted PDF files are then used for case evidence. Redacted PDFs are protected against spoilage.

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Crack Cocaine Sentencing Guidelines Retroactive

Defense attorneys and defendants across the United States will praise the U.S. Sentencing Commission USSC for allowing prisoners serving crack cocaine sentences to seek sentence reductions under the Sentencing Guidelines that went into effect on November 1. Retroactivity will affect 19,500 federal prisoners, almost 2,520 of whom could be eligible for early release in the first year. Federal courts will administer the application of the retroactive guideline, which is not automatic.

Counsel with Centrallaw.com and Protestzone.com are available to assist in this litigation. Call Toll Free 1-877-793-9290.

Sentencing Guidelines Retroactive

Right to Search Parolees Without Warrant Affirmed by 11th Circuit

United States v. Stewart (No. 06-13076)

Court upheld the right of officers to search a parolee "at any time," even without a warrant. Faron Lee Stewart argued that, although his parole conditions authorized warrantless searches, the Fourth Amendment required reasonable suspicion of criminal activity in order to search.The 11th Circuit ruled that a parolee does not have any Fourth Amendment protection from warrantless search and seizure.

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