COMPUTER FORENSICS FOR THE CLAIMS HANDLER

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1 COMPUTER FORENSICS FOR THE CLAIMS HANDLER Presented and Prepared by: James C. Feehan, Jr. Peoria Computer Forensic Associates, LLC EnCE Digital Forensic Specialist The views of independent presenters may not represent the views of Heyl, Royster, Voelker & Allen. M-1

2 What Every Claims Professional Should Know about Computer Forensics Presented by: Peoria Computer Forensic Associates, LLC (866) Instructor James C. Feehan Jr. EnCE certified digital forensic specialist Professor, Bradley University Court qualified digital forensic expert Federal: (Central District of Illinois) 16 cases State: (Peoria and Tazewell) 7 cases Illinois House of Representatives M-2

3 Similar Lectures Solving Crimes with Digital Forensic Evidence, Las Vegas, NV. National LEO Solving Crimes with Digital Forensic Evidence International Association of Identification & Forensic Science. Par-A-Dice Hotel, East Peoria, IL Forensic Success Stories, Department of Justice, St. Louis, MO and Atlanta, GA Peoria Computer Forensic Associates, LLC A computer forensics firm specializing in computer forensics analysis and consulting within the areas of general corporate litigation, employment litigation, and divorce litigation. We provide outstanding t computer forensics services to law firms and businesses throughout the country. M-3

4 Perform Forensic Examinations Into Corporate Intellectual property disputes Wrongful termination disputes Malicious acts by terminated or disgruntled employee(s) Employee activity (search for excessive personal browsing during work hours) Divorce cases Sexual harassment Insurance fraud Stalking, hacking, illegal activities Employee theft Business fraud Embezzlement Hacking Trade and business secrets theft Computer Forensic & Electronic Data Discovery Services Forensic hard drive imaging Observation and documentation of imaging process Hostile site acquisition iti Password recovery/removal Data decryption Data compression & imaging Media type conversion Duplicate file elimination Forensic examination of log files and computer registry Swap / META file examination Website visit logs and internet cache examination searches Expert report writing Expert testimony M-4

5 Digital Forensics What is Digital Forensics? Digital forensics is the identification, preservation, extraction, interpretation and presentation of computer-related evidence. Digital Forensics Can be performed on: Computers Networks Flash Drives CD s, DVD s, etc. Cellular Telephones PDA s Video Surveillance Systems GPS Devices xbox 360 ipod M-5

6 Why Technology? CD Media Comparison M-6

7 Data vs Printed Pages One megabyte = 1,400 pages One gigabyte = 140,000 pages One terabyte = 140,000, pages Digital Data 80% of all corporate and business data is stored electronically. 95% of all information generated today is in digital form. 80% of this information stays in electronic format like , pdf, word documents and digital images. Very few business documents created today ever leave their digital form and get printed out. M-7

8 Digital Data Discovery This means that in almost every legal matter, critical and relevant evidence is electronically stored on personal, business and corporate computer systems. Are you confident that you have viewed every document in discovery? Why Digital it Forensics? M-8

9 The Smoking Gun We all are looking for the smoking gun. Every case has it s smoking gun. Searching for the smoking gun once meant searching through reams of paper stored in folders, boxes and cabinets. Today, fewer and fewer business communications and records find their way into paper form, so your smoking gun is likely stored on someone s digital storage media. The Smoking Gun Not only is the smoking gun more likely to be stored digitally, it the informal and immediate nature of electronic communications makes them more likely to be smoking guns. M-9

10 Evidence Is Left At home, through the use of a computer. At work, through the use of a computer. On the road, through the use of a computer. Additionally: People aren t as guarded in what they say via as when writing a letter. Electronic communication is so frictionless that a damning and or text messages are just a click away from dozens or hundreds or thousands of in boxes. M-10

11 Types of data often considered as critical evidence in litigation include: plain text and documents graphics calendar files databases spreadsheets digital faxes audio files videos websites computer applications viruses and spyware Why a Computer Forensic Examiner? Far more information is stored by a computer than most people are aware. Proper techniques and procedures must be followed in acquiring and examining data. Inadmissibility? Sanction for spoliation of evidence? M-11

12 Computer Based Evidence Courts have recognized the importance of computer forensic investigations to authenticate computer evidence. Gates Rubber Co. v. Bando Chemical Indus., Ltd.,13 is a particularly important decision where the court defines a mandatory legal duty on the part of litigants to perform proper computer forensic investigations. Gates Rubber Co. v. Bando Chemical Indus., Ltd.,13 The court ruled and issued harsh evidentiary sanctions. Further, the court criticized the errant examiner for failing to make an image copy of the target drive. The court stated that when processing evidence for judicial purposes a party has "a duty to utilize the method which would yield the most complete and accurate results. M-12

13 Famous Computer Forensic Cases Michael Jackson Forensics recovered Internet history and . Scott Peterson Forensics recovered Internet history which showed web searches for dump sites. BTK Killer Forensics used to trace letter back a computer at his church. Dennis Rader, BTK Killer M-13

14 The BTK Killer Dennis Radar was responsible for 10 murders around Wichita, Kansas between 1974 and Dennis taunted investigators with letters he had written boasting about the murders. BTK Killer again resurfaced in 2004 when he sent a local television station a floppy disk which contained a file titled Test A.rtf, and a 3 x 5 index card which read "Any Communications will have a # assigned from now on, in case one is lost or not found." The BTK Killer The floppy disk file instructed investigators to read the index card. A computer forensic exam of the floppy disk revealed other data on the disk, including the previous disk user, Dennis. That same data also revealed that the disk had previously been used at Wichita's Christ Lutheran Church. M-14

15 The BTK Killer Investigators checked the church s website and discovered the church s list of officers, including a man named Dennis Rader. Investigators were then able to link Radar to the crime scenes with the use of DNA. After more than 31 years and 100, man-hours, the case was cracked by a 15 minute computer forensic exam. Why a Computer Forensic Examiner? Why Not A Computer Repair Technician? M-15

16 Digital Evidence Digital evidence is unlike any other physical evidence because it can be altered or changed easily. The integrity of the evidence is fungible. Therefore, digital evidence must only be handled by properly trained individuals. CRIME SCENE CRIME SCENE CRIME SCENE M-16

17 Digital Forensic Principles 1. No action should be taken that would change data held on a computer or storage media which may subsequently be relied upon in court. 2. In exceptional circumstances, where a person finds it necessary to access original data held on a computer or on storage media, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions. Digital Forensic Principles 3. An audit trail or other record of all processes applied to computer based electronic evidence should be created and preserved. An independent third party should be able to examine those processes and achieve the same result. M-17

18 Digital Forensic Principles Special hardware and software are utilized to preserve the integrity it of the evidence for use in court proceedings. Computer Forensic Examination Active Data: Files that are not deleted and are available to the user through the operating system. Ambient Data: Deleted files, RAM dumps, swap files, printer spool files. Archival Data: Data that has been backed up on tape, DVD, CD, etc. M-18

19 How Computer Forensics Can Help You Find the Smoking Gun in your case Help you determine which devices need to be examined Determine if evidence has been modified or tampered with Discover or prove if the opposition is guilty of wrongdoing Offer strategies regarding the report findings Provide facts that are backed up by the forensic community Testify in Court as an expert witness Infidelity Divorce Cases Chat room logs, incriminating s, digital photographs Hidden Assets Quicken balances, brokerage account records Online access of financial accounts Overseas account passwords, business correspondence Doctored records M-19

20 Corporate Cases Sexual harassment Doctored records Smoking Gun document Too Candid memo Product liability cases Wrongful discharge claims Anti-trust actions Sensitive Business Information Did a former employee leave and take sensitive business information or trade secrets to a competitor or new company? What information did they take? Where did they send that information? How did they cover it up? M-20

21 Employee Litigation Discovery of Theft of Company s Digital Assets Misuse of Corporate Property Denial of Unemployment Claims Criminal Prosecution for Fraud or Other Statutory Violations Employee Litigation Employees who sue their current or former employer often allege discrimination, harassment, wrongful termination, or compensation irregularities. Sometimes, plaintiffs fabricate evidence in support of their case before leaving and filing litigation. Establishing the facts by conducting a forensic examination of the computer used by the plaintiff can be crucial to managing an effective legal defense and can be pivotal to obtaining a prompt resolution and avoiding protracted litigation. M-21

22 Why Digital Forensics? Not only is computer forensics necessary in the guilt phase to establish a defendants culpability, it is just as important in exposing the lies of his defense. Thomas Keith, Supervisory Assistant United States Attorney, Central District of Illinois Forensic Example United States v. Lance Pisman Lance Pisman met Wilkerson via chat rooms. Pisman lived in Iowa City, Iowa. Evidence against Pisman was weak, therefore, on March 1, 2004, investigators made contact with Pisman to ask him to cooperate with the prosecution against Wilkerson. M-22

23 Pisman Forensic Exam Lance Pisman hard drive file structure Contents deleted Pisman Forensic Exam AIM chats with Wilkerson that had been deleted from hard drive. M-23

24 Pisman Forensic Exam ID21.lnk stored in Pisman s recent folder _1523 E:\My Documents\ID21.psf E : \ M y D o c u m e n t s Source: hard drive physical sector Forensic Example United States v. Lance Pisman Pisman was confronted with this information. He confessed that he made the disc and hid it under his kitchen sink. The disc was recovered and the chats were located on the disc. M-24

25 Pisman Forensic Exam DVD data that had been recovered CD _ Ò ÒÙ Ý " h ) è EASY CD CREATOR 5.1 (053) COPYRIGHT (C) ROXIO, INC. Source: Data located at Physical sector 16 on DVD Side by Side File Structure Hard drive file structure DVD file structure M-25

26 Forensic Example United States v. Michael Leahy Michael Leahy was convicted locally of weapons offenses in 2001 and was placed on probation. Local probation officers received a tip that Leahy was possessing child pornography. Officers seized a computer. A subsequent exam revealed images of cp. investigators interviewed Leahy who confessed to the cp. Leahy also attempted to abduct a minor child locally. Leahy Library Forensic Exam M-26

27 Leahy Library Forensic Exam Leahy Library Forensic Exam M-27

28 Leahy Library Forensic Exam Forensic Example Leahy fled to the United Kingdom He was apprehended and extradited back to CDIL and convicted for possession of child pornography. M-28

29 Questions? Presented by: Peoria Computer Forensic Associates, LLC (866) M-29

30 James C. Feehan, Jr. EnCE Digital Forensic Specialist James Feehan is a Computer Forensic Specialist and owner of Peoria Computer Forensic Associates, LLC, located in Peoria, Illinois. He is an EnCE certified digital forensic examiner who has conducted thousands of digital media forensic examinations and has been qualified in state and federal court numerous times as an expert in this field of digital forensics. Additionally, James is an associate Professor at Bradley University, where he developed and instructs the computer forensics curriculum. Major Investigative Assignments Detective, Computer Crime Unit, Peoria Police Department (March 2000 to present) Special Federal Officer, Federal Bureau of Investigation, Cyber-Crime Taskforce (June 2003 through August 2009) Special Federal Officer, United States Secret Service, Cyber-Crime Taskforce (September 2009 through present) Representative Academic Positions Instructor (March 2001 to 2007); Computer Forensics, Computer Crime; Mobile Police Training Center, Peoria, IL Instructor (January 2006 to 2007); Computer Forensics, Computer Crime and Investigations; Traffic Institute; Northwestern University, Evanston, IL Instructor (August 2007 to present); Child Exploitation Investigations, State of Illinois, Illinois State Police Academy, Springfield, IL Representative Presentations Solving Crimes with Digital Forensic Evidence, Training Resource Services, Las Vegas, Nevada, May 2004 Solving Crimes with Digital Forensic Evidence, International Association of Identification Forensic Science Conference, East Peoria, IL, April 2007 Social Networking, Illinois Juvenile Officers Association 51st Annual State Conference, Peoria, IL, June 2007 A Forensic Success Story: The Digital Evidence Working Group of the Central District of Illinois, 2008 Project Safe Childhood State Conference, United States Department of Justice, Forsyth, Georgia, August 2008 What Every Lawyer Needs To Know About Computer Forensics, Peoria County Bar Association, Peoria, IL, February 2010 Representative Expert Testimony United States v Christopher J. Wixom, January 26, 2007 in the Central District of Illinois. Expert testimony rendered regarding computer forensic examination techniques, data residue recovered from the Microsoft Windows operating system, Digital Versatile Discs (DVD), file-sharing programs such as Limewire, Ares, and encryption programs such as Truecrypt. People v John D. Stufflebeam, October 15, 2008 in Tazewell County, Illinois. Expert testimony rendered regarding computer forensic examination techniques, and ICQ data recovered from a database file for instant messaging. United States v Jeffrey Ellington, January 23, 2009 in the Central District of Illinois. Expert testimony rendered regarding Digital Media Forensic Analyses, and Digital Data Reconstruction and Recovery. United States v Kenneth Clark, January 6, 2010 in the Central District of Illinois. Expert testimony rendered regarding Digital Media Forensic Analyses of Garmin Street Pilot GPS Navigator. People v William Malone, February 24, 2010 in Peoria County, Illinois. Expert testimony rendered regarding computer forensic examination techniques of a Cellular Telephone and associated Micro SD card. Training Department of Justice. Online Undercover Investigations - National Advocacy Center Image Scan, Computer Forensic Utility - Federal Bureau of Investigation Mobile Digital Evidence Previewing National Project Safe Childhood Conference Windows Law Enforcement Tools and Windows Vista for Investigators - Microsoft Corporation National Project Safe Childhood Conference RAM Analysis National Project Safe Childhood Conference M-30

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