Mar 28 2010

Evidence of obstruction

Tag: (i)realidad,Informática LegalJoaquim Anguas @ 12:24 pm

To the extent that the key players can be identified early, forensically imaging their hard drives immediately will demonstrate good faith and potentially avoid second-guessing later in the investigation.»

Karen E. Willenken, counsel specializing in white-collar criminal defense at New York-based Skadden, Arps, Slate, Meagher & Flom, makes a good point in this very interesting article.

It is focused on the importance of preserving hard drives in order to provide a strong proof support in the event of a request to produce evidence. At least in case the evidence found on them does not make you appear guilty.

Of course it does not fully apply to our legal system (Spain), but there are also mechanisms here that allow the judge to consider bad faith or to draw adverse inference from evidence (or the lack of it).

Via Forensic Focus.