Everyone seems to be talking about crypto right now, but this piece on the Reed Smith Perspectives website is a really interesting take on crypto fraud. The authors talk about how information is essential in the battle against cryptocurrency fraud.
By its very definition any sort of crypto fraud will have lots of digital evidence and all from many different angles. There will be evidence from various different computer systems be it where the computer is the “victim”, “witness” or “perpetrator”. All of this needs to be gathered and analysed to establish the fact base, as well as enable appropriate asset tracing activities to be undertaken.
How this data is obtained can be subject to various different legal routes as set out in this article. Of course, I cannot comment on the specific legal requirements here, but from a forensic analysis perspective, this is simply the enabler that enables us to have access to the systems required to analyse as well as supporting evidence to help drive the case forward.
Stephen Chan Steven Cooper Jonathan P. Gordon and Fiona Leung explore the nuclear option in this post, which is the section 1782 discovery application in aid of foreign proceedings, available only in the United States. Certainly, the debate and decisions around 28 U.S.C. § 1782 does not seem to end. Regardless of the use or non-use of this provision, we are seeing an increase in discovery-related work associated with international arbitration matters - be it in the form of helping formulate and respond to issues, managing relevant document sets - specifically looking for documents to be exhibited, or analysing complex and disparate data sets to build models used during expert evidence by the relevant accountants and/or economists.
Data and documents can be central to any legal proceeding regardless of whether there is a common law discovery or disclosure process, and it is essential that these are appropriately collected, managed and analysed to avoid subsequent issues due to incompleteness, inaccuracy or error!
Whilst I won’t go into US law here, this is certainly an interesting read. Larry Iwanski from our US team can help if you want to know more on this.
While common law disclosures have aided fraud investigation for many decades, the law is still constrained by a number of legal requirements and restrictions. In this alert, we explore the nuclear option: the section 1782 discovery application in aid of foreign proceedings, available only in the United States.