DEFENDING CRIMINAL POSSESSION / DISTRIBUTION OF CONTRABAND

FCS has provided defense counsel with expert services in numerous possession and/or distribution of contraband (typically child pornography) in multiple federal and state jurisdictions. We are seasoned in the procedures and protocols used by law enforcement agencies and we use a majority of the same forensic tools in our examination, as well as our own proprietary software.
A list of criminal cases we have been retained to work on as well as attorney references is available upon request as well as attorney references.

In most cases the government forensic experts almost never look at HOW the data got onto the computer or any other computer related issues which may be beneficial to the defendant.
In almost all of the cases we have worked on the government forensic expert finds a small quantity of images or movies and their work stops there. The defendant is never afforded a full and complete examination of the electronic evidence by the government.

Part of our work is investigating these primary areas for the defense:

• Did law enforcement properly acquire the data to DOJ standards?
• Did law enforcement fully disclose all relevent details of their investigation in the warrant application?
• Is the evidence possibly tainted due to the procedures used by law enforcement
• Is the Chain of Custody a cause for concern?
• Comprehensive review of the evidence for presence of viruses, trojans and other malicious software
• Obtain dates and times for a possible alibi
• Ascertain if "media sharing" was enabled on the computer which may have allowed third parties to manipulate files on the defendant's media
• Assist you in making a legal determination if there is proof the defendant knowingly possessed and/or distributed the alleged material in the indictment
• Offer an opinion if other persons may have accessed the computer media
• Examination, when applicable, of file sharing, instant messaging, Email, Internet browser usage and other applications used on the computer(s)
• Examination of multi-media to determine if it depicts "real persons" or whether all or any portion was computer generated or cut and pasted

Many times we have found the government has not forwarded technical documents to defense counsel because they were never requested. We will provide you, upon request, with assistance in creating discovery motions for information the government has not provided you that we believe should be reviewed.

We speak "English" with you and the Court, not paragraphs of technical computer jargon you and others may not understand! Our reports and exhibits are carefully prepared so non-technical persons will understand the issues at hand.

In our experience we find that law enforcement rarely does a complete forensic evaluation of a defendant's data; rather they search until they find a miminal amount of contraband necessary to indict. That material is typically sent to the FBI and National Center for Missing & Exploited Children (NCMEC) for the purpose of matching a "real" person with the media found.
The results above are then sent to the prosecutor and that's typically where law enforcement forensic experts stop working.

The defendant has little chance of a good defense without involving a forensic expert who has both trial experience AND an extensive knowledge of the Internet, Operating Systems and the ability to conduct a COMPLETE examination.

To discuss your case in more detail please call us or Email.

COMMON QUESTIONS

Do you perform work out of the St. Louis area?
Yes, FCS works on these cases anywhere in the continental United States.

How long does the investigation take?
Based on prior cases it typically takes two to four days of work looking at the computer media itself. During this time we are making notes and copying data to be taken back to our lab for further analysis. Much of this work, due to the Walsh Act, must be done at a government facility.
In most cases we intentionally redact all alleged contraband from the electronic evidence so the remainder may be taken back to our lab for analysis. This method will greatly reduce the cost associated with these cases.
The analysis at our lab typically takes one to three weeks depending on the charges, volume of data and other criteria specific to your case.

The Government won't let us have access to the evidence; what can we do?
To date no court has denied us access to the evidence; it becomes a question of how we get access. In Federal Court (due to the Adam Walsh Act) we have to perform the on-site analysis at a government facility and finish up in our lab.
In our experience this has been done at the AUSA's office or a police department.
In State Court the prosecutors usually try to enforce the same rules, however, in Missouri we materially participated in a Missouri Appellate Court hearing which ordered the State to allow us to examine the evidence in our own lab. The full opinion may be read by clicking here (THIS WILL OPEN A NEW BROWSER WINDOW).

How much does it cost?
Once we have the opportunity to discuss the case with you we will provide a cost estimate covering all pre-trial work we believe is necessary to bring you and the client to a point of making a decision on how to proceed. A minimum retainer is required that typically covers the on-site examination at a government facility with additional analysis and production in our St. Louis based lab. Travel costs and the volume of data in a case is taken into consideration when we set the initial retainer.

There will be additional costs for defendants who proceed to trial. Such costs include preparation of electronic exhibits, meetings with client and counsel, depositions (when allowed), and expert witness testimony. In some cases we may need to revisit the full set of electronic evidence at the government facility.
All amounts agreed to must be paid no later than fifteen days prior to trial. Any unused monies will be promptly refunded at the conclusion of the case.

Do you provide services for public defender cases?
Yes. We have been previously retained by the Federal Public Defender System as well as several State systems. After we discuss the case we will suggest an amount to be pre-approved.