Eamon Doherty, G. Don Purdy, Joel Liebesfeld & Todd Liebesfeld
This “Everyone” book attempts to the guide the reader through the more essential steps of understanding the basic principles or elements that constitute the daily work of investigators in fields relating to computing and electrical loss. The chapter’s are meant to set a foundation for people who may want to enter the field of investigations, or are at the beginning of a career in the area, or are seasoned investigators looking to delve into more contemporary areas of investigations, or for persons that are just interested in reading about matters or topics that are currently revealed in differing forms of media, such as in the successful TV drama series “CSI.”
The book is formatted sequentially so that the reader can review important legal matters that are a part of most investigations and then go on to peruse the elements of basic electrical principles as they apply to certain types of fire and fault losses. These beginning chapters set a broad stage for the various areas of computing that follow. The book does not necessarily have to be read in the order that it was written. In a sense, the reader may choose to use the book as a reference book. The chapters were written, for the most part, to be able to stand alone, as monographs.
There are many chapters that review a broad range of more common topics and there are chapters concerned with more esoteric areas of computing and electronics. Some of these chapters discuss the high-tech methods that are sometimes deployed by thieves, terrorists, pedophiles, stalkers, etc. All of the co-authors reflect their experience as individuals that work closely with the criminal justice and civil institutions.
Eamon P. Doherty, PhD, CCE is the Director of the
Cybercrime Training Laboratory at Fairleigh Dickinson University (FDU) and a
tenured professor that has taught courses in computer science, network
security, computer forensic examination and cell phone seizure and examination
as well as other related courses.
Joel Liebesfeld, MA, MAS, Post Graduate Certificate in
Computer Security and Forensic Administration has for the past seven years
used his diverse 30+ years of electrical/electronic industry experience for the
investigation of engineering loss, particularly focusing on loss related to
fire, arson, product defect and/or electrical anomalies that resulted in
property damage, personal injury or death. Mr. Liebesfeld renders expert
opinions for plaintiffs and defendants and accordingly has been retained by
lawyers, insurance companies, municipalities, corporations and
individuals. The author has guest lectured at FDU on electrical fires,
arson and related forensic topics.
G.
Donald Purdy, Jr. BS, MS, has used his vast experience with numerous software systems/languages to become a
senior level software programmer, analyst and consultant.
Todd M. Liebesfeld, JD, has been a civil litigation
attorney in the private sector for in excess of nine years. Mr.
Liebesfeld is licensed to practice law in the Florida Supreme Court, all Florida state courts, the United States Supreme Court, the United States Court of Appeals for the 11th
Circuit, and the United States District Court for the Southern and Middle
Districts of Florida.
Additionally, Mr. Liebesfeld is a Florida Supreme Court Certified Family
Mediator and a Florida Supreme Court Certified Circuit Civil Mediator.
Mr. Liebesfeld is the President of The Mediation & Counseling Group, Inc.
and the General Counsel for Countermeasure Security, Inc.
Chapter 1 - What Attorneys Expect From Investigators
by Todd Liebesfeld, Esq.
As a civil litigation attorney, I would like to provide some pointers as to what an attorney is looking for in an investigator that is retained by that attorney. In order to do so, we first need to delineate the general myths from reality about the expectations of investigators hired by attorneys as experts. Accordingly, as a function of the same, it must be understood what the job of an investigator who is hired by an attorney is. Specifically, an investigator has the task of trying to conduct an investigation of the matter at issue while providing assistance to an attorney in addressing the issue of liability as it relates to the matter investigated. Conceptually, this double task would appear to be daunting due to both the inherent potential variation of investigative findings and because an investigator is dealing with a person who is ultimately answerable to his or her client and who is therefore generally under pressure as a result thereof. This task would especially appear to be difficult when the results of an investigation are adverse to the position that the attorney who hired the investigator is trying to assume. However, the reality is that the investigator has a job to do and that if the job is done diligently, then an attorney has no legitimate issue irrespective of whether the investigator’s findings are beneficial or detrimental to that attorney’s case. While, as true in all facets of society, you cannot please everyone all the time, the attorneys with integrity will be appreciative of an investigator’s diligence since those attorneys will want the truth, good or bad. To elaborate, while attorneys do not like to receive information that is negative to their case, attorneys would rather know that their case and/or legal position is untenable early on so as to have the opportunity to evaluate the issue of liability comprehensively and make suggestions to the client based on the same, as opposed to being uninformed, ill prepared and headed for trial under said circumstances. Now that we have distinguished the general myths from reality about the expectations of investigators hired by attorneys, let us look at the specifics of what attorneys are looking for.
There are three things that an attorney expects from his or her investigator that are tantamount. First, it is expected that an investigator come to an investigation fully prepared. Second, it is expected that an investigator keep copious notes and records. Third, it is expected that an investigator maintains a linear and cohesive thought and examination process throughout the investigator’s involvement in the matter. Each of these expectations is addressed in turn below.
The concept that an investigator needs to arrive at an investigation fully prepared would seem so obvious that it does not warrant being written about. However, the reality is that many investigators arrive at an investigation without being fully prepared. Specifically, investigators are expected to arrive at an investigation with (the appearance that they have) all the tools and instruments necessary to conduct that investigation. I do not appreciate seeing an investigator arrive at an investigation unprepared. The purpose of hiring an investigator is to have someone make an independent evaluation and record of the matter being investigated. Accordingly, it is important for an investigator to bring to the investigation whatever items (e.g., cameras, measuring instruments, test equipment, devices, etc.) that are necessary to actuate the same. As an example, I have had experiences where an investigator has forgotten to bring a pen and paper. How is an investigator going to note what he or she observ
