This piece on Law 360 looks at a recent case where there were allegations of document tampering. Now I will start by saying that I do not want to get involved in the specifics of the case as it would be inappropriate given I do not know the details. However, the reason I have taken an interest in this is because electronic data has been forming a more and more important role in business of late. As such, allegations of tampering and/or forgeries are something we often get asked to investigate, either from the claimant’s or the defendant’s perspective.
This can be specific documents, emails, records within a database, text/chat messages, or even reports generated from a management system, to name but a few.
Some key considerations people should be aware of when it comes to document tampering include
- Make sure that an open mind is maintained at all time, and that different hypotheses are considered and tested;
- Ensure a proper forensic process is followed;
- Consider alternative sources of evidence that could help determine an opinion;
- Try to get data from the original source system(s) if possible.
If this is something that is of interest to you, or indeed concerns you, drop me a line.
AXA has been sued For £1.7M after an investor suspects document tampering