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Unlicensed Computer Forensic Investigators

Discussion in 'Alternative Dispute Resolution' started by pi52, May 15, 2006.

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  1. pi52

    pi52 Law Topic Starter New Member

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    Those of you in the legal field have probably used or have been up against the unlicensed computer forensic expert, examiner, investigator, or whatever they label themselves. Often the testimony and cross-examinations are difficult and expensive!

    There can be a short cut to challenging the Unlicensed Computer Foreniscs Investigative Expert. The challenge should be done early in the case. Check the expert's investigative behavior. You will find many of these experts are just computer technicians with histories of doing criminal and civil case investigations under the erroneous assumption that since their investigation involves computer evidence then no licensing is required.

    They examine computers for evidence secured from their out-in-the-field investigation or the client provides them with the computer in order to find digital evidence and further leads. You will find them following-up and investigating those leads. When professionally questioned under oath most fold, become evasive and claim "special status" and exemption from the law. When the other side's client or attorney is advised it is not uncommon to discover this issue was not disclosed and was known by the unlicensed computer forensics investigator at time of hiring. Some of their resumes are quite impressive with many claims of "certifications" that amount to private sector "high tech" investigation training programs that they completed.

    Most states have solid and current licensing law that can be cited and used to eliminate the unlicensed investigator from the case. Check your state investigator licensing laws. If the unlicensed computer forensics investigator is from another state, and has entered your state without authorization, and without further licensing then you could have further cause for removal.

    If you find one that makes the excuse that he has already qualified in court on previous cases, just make sure he knows that he did not get caught then, and qualifying in court does not magically produce an investigator's license.

    If you have hired one, and do not know about this issue, question the unlicensed computer forensics investigator closely, on qualifications, criminal backgrounds, licensing at all levels, and business tax exemption claims.

    If you want further details on "Challenging the Unlicensed Professional" send me an E-mail request. Your clients deserve the best, and removing an unlicensed investigator from the "other side's" case is to their benefit.


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