Case Types

DCFI’s has extensive experience handling hundreds of client cases with each case adding to our body of knowledge. Below is a listing of the most common areas of practice that can offer insight into how DCFI can support your forensic and CyberSecurity needs.

DCFI has extensive experience working bankruptcy matters and can provide a wide array of investigative and discovery services in these matters.

DCFI’s forensic team can assist the trustee/receiver with “locking down” the business to investigate the finances and/or potential fraud, using digital forensics.  DCFI can actively assist in the electronic discovery process in the following areas

Preservation of all electronic data

• Removal/cracking of passwords to provide access to financial systems
• “Lock down” systems to prevent manipulation
• Recovery of deleted information, including correspondence and/or financial transactions
• Review of IT and system controls; recommendations and implementation of better controls for cybersecurity
• Provide access to accounting system and financial data
• Review of correspondence to determine who knew what and when
• Assistance with identifying and establishing fraudulent conveyances

Family or shareholder disputes, fraud and even theft of Intellectual Property can result in claims of a breach of fiduciary duties.
Because so much of business is conducted electronically these days, it is almost certain that activities relating to the fiduciary responsibilities of management and/or ownership (minority or majority) are encapsulated in the electronically stored information. Types of fiduciary duties can include family or corporate communication, e-mail communication, instant messaging, and a wide variety of other electronically generated evidence.
The following is a list of areas we can support the research:
• Helping to establish that the individual(s) knew what their fiduciary responsibilities were
• Identifying and investigating “red flag” items that help document the alleged breach
• Recovering communication and correspondence surrounding the individual(s) fiduciary responsibilities and actions taken pro/contra those responsibilities
• Assisting counsel and other consultants with gaining access to financial data and systems to document the actions taken contrary to fiduciary responsibilities

Employment law itself is complex without even considering how Electronically Stored Information enters the picture in these possible digital evidence cases.
Fortunately, companies of all sizes rely on the use of computers in the drafting, review, printing, execution and communication surrounding contracts and the negotiation of the terms, providing DCFI a rich environment to recover specific data.
Many times, critical information hinges on what was communicated outside of the four corners of the contract and still other times a critical look at whether documents have been altered becomes the center point of an investigation. For this reason, we can support your case review with the following actions:

Most people are aware that all forms of electronic evidence is admissible as evidence in court cases. This type of evidence is used by attorneys, regulators and other interested parties in court proceedings.
The importance of electronic evidence and its use in court proceedings is causing an additional issue that needs to be addressed–that of data destruction (or “spoliation”).
If a system is suspected of being compromised- turn it off. Recommend to your client that they do not search or attempt recovery as this may affect the admissibility of our findings in court. Individuals and organizations interested in “hiding” activity that can be gleaned from electronic evidence, often resort to activities designed to remove or cover-up that evidence Our tools are specialized to prevent the writing of new data and creates a time capsule that should end when the breach was discovered.
The good news is that almost always those activities result in evidence that can be used to show that the spoliation or evidence destruction has occurred
DCFI’s electronic discovery services can assist by:
• Determine if spoliation occurred at a time when a duty to preserve was present
• Evaluating electronic media to determine if evidence destruction activity has likely occurred to show, with specificity, what data destruction activity has occurred AND when
• Identify and recover other copies of the data that may not have been subjected to the evidence destruction method employed

The prevalence of smartphone in our daily lives makes the gathering of digital evidence in family law cases more necessary every year. It is predicted that contested family matters will all involve some level of discovery from electronic devices within the next five years.
Since electronic devices hold content and can be a type of witness to an activity, these devices can support claims of neglect or abuse or can be used to counter character assignation claims. In the domestic relations front, the use of electronic evidence is wide and varied. The following types of data center discovery phase can be a crucial aspect of the matter.
• Identify relevant data sources, including: computer systems, cell phones, GPS units and any other valid relevant source of electronic data
• Identify hidden assets that may be unknown to one party
• Investigate activity surrounding transfers and other activity used to place assets out-of-the-reach of one party
• Assist with the evaluation of custodial issues, including whether one party is fit/unfit to have custody

With the proliferation of electronic data discovery on any subject, cases involving insurance claims are finding that oftentimes the information that will help prove or disprove a case is found as electronic evidence on devices affiliated with the matter.
Specifically, DCFI has experience with a wide variety of electronic litigation support in insurance cases. Allow the DCFI forensic team to assist you in the discovery process in the following areas”
• Analyze and process electronic evidence media to recover non-privileged communication surrounding claim
• Craft and defend Defensible Preservation Plan
• Early Case Assessment to determine feasibility and strength of case strategies, learn relevant concepts and terms used by operatives
• Identify and Preserve relevant data sources, ensuring admissibility
• Testify as to results found

Attorneys specializing in Mergers & Acquisitions (M&A) as well as Private Equity firms looking to merge with or purchase another company look to DCFI for I.T. and CyberSecurity Expertise.
Our vulnerability and asset I.T. asset evaluation platforms can determine their strengths, weaknesses and risks prior to the merger or acquisition of a company. We assist by determining if the company has been hacked or breached and help to identify the level of risk the company has from an I.T. standpoint prior to ‘sealing the deal’.
DCFI will Measure Maturity of an Organization’s I.T. to:

Most cases arise after a “trusted” employee leaves the company and leadership has to determine if the departing employee has violated cyber security and they have taken intellectual property (IP). In many cases a review of their last efforts on the network is needed to determine if a violation of a non-compete agreement, non-solicitation agreement has occurred.
We have the ability to quickly and accurately analyze the data and report the findings to support motions for Temporary Restraining Orders or to support Motions to Compel the Production of Computer Systems owned and/or operated by the former employee.
DCFI uses forensic programs to identify digital footprints left on the environment such as:

As data and privacy concerns evolve in today’s business environment, so will the regulatory burdens. Regulatory agencies often have strict timelines, very broad inquiries and of course total control of the situation. Retaining DCFI to assist in a response to regulatory and compliancy requests can significantly reduce the time and energy your firm may need to put forth. Let DCFI perform the following forensic searches so you can focus on running the business.
• Identification and preservation of relevant electronic data sources
• Create talking points to control both the data and communication for both internal and external sources
• Quickly and cost-effectively analyze, review and produce requested information, in the form that the regulators have requested
• Using DCFI in an regulatory audit ensures that internal stakeholders are insulated from claims of spoliation and to ensure that confidentiality is maintained.
• Proactively establish and monitor IT controls, through a wide variety of cybersecurity auditing procedures, to prevent regulatory and compliance issues in the future

According to a recent Verizon cybersecurity survey, more that 35% of employees have taked company data when the left a company’s employment.
According to the Association of Certified Fraud Examiners (ACFE) (www.acfe.com), U.S. Organizations lose, on average, 7% of their annual revenues to fraud — or nearly a trillion dollars annually.
Whether you are looking to investigate a potential fraud, have validated that a fraud occurred and are looking to assess the overall damage and gather evidence or if you are looking to shore up your control environment to prevent and detect future digital fraud, use a digital forensic analyst at DCFI for assistance.

Types of White Collar Crime, Digital Fraud, Embezzlement