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Custom Forensic Investgation Essay

When the disclosure of corporate information or theft of the industrial secret is reported to have taken place the only means to find out the malefactor of the corporate environment is to conduct a profound forensic e investigation.  The present case is more than peculiar, because the violation of the industrial secret storage information (to be more exact engineering process method ) is the ground for the immediate dismissal of the employee who is found liable of such a violation. However, in order not to issue an arbitrary and legally unsound dismissal order, the liability shall be established in accordance with the domestic and internationally accorded procedures. In particular, the forensic evidences must fully correspond to three requirements:

a) They must be reliable. In other words, the nature of the obtained evidences must indicate that the person who is suspected to have committed a corporate violation have indeed committed this violation. The main peculiarity is that here governs the rule that the suspect must have committed the violation “beyond a reasonable doubt”. Otherwise the employment tribunal or a court of general jurisdiction is likely to resume the employment of the “wrongfully  dismissed person”

b)  The evidences must be authentic. To be more exact, nothing shall be artificially created in the obtained evidences. Even if the doubt that the violation has been conducted by the person is under any doubt, the employment tribunal or a court may hypothetically restore the employment of the dismissed person on the grounds that the evidences have been falsified.

c)  The evidences must be relevant.  When specific data has been obtained to bring charges against an employee of the firm who is thought to have committed a corporate theft, this data must precisely indicate that 1) the act of disclosure/other violation has indeed take place and 2) that this act is attributable to the action of the suspected person.

d) The last, but not the least criterion is the admissibility of the forensic computer evidences (Vacca 2009). To be more exact, this requirement provides, that before specific  evidences are used in the court of law, in the employment tribunal or in the body which is entitled under the law to review the disputed involving the structural entities or the employees of the corporation, the legally regulated procedure of the evidence procurement must take place. In other words, the evidence is admissible and will be used by the adjudicator only in the case this very thing have been obtained in the course and with the full observance of the specific procedure.

The Method applied in the course of the Investigation

Various methods are usually applied by the majority of the forensic investigators to accomplish the objectives of the forensic investigation and to prove the fact that a specific employee shall or shall not be immediately dismissed by the managerial department of the firm.  Generally, the process of the forensic study is divided into three parts. The first is the acquisition of the required data, while the second and the third are the analysis of the data and the report procedure. As far as the common techniques of processing are concerned, the first method is the cross drive analysis of the installed hardware. The aim of this process is to determine whether the specific computer have been utilized for the purposes other than those, which have been given to the person who works on it. After an effective and thorough analysis has been conducted, the specialists can easily detect whether specific data did exist on the hardware in question or whether the hard disk contain anything that can be detrimental for the firm.                                                                                                                  

In the present instance, the following set of obligatory investigative actions has been undertaken to find the proofs that the alleged person is indeed liable for the incriminated violation.

a) The digital means of the information storage have been examined. This technique is highly advised to be implemented in the first turn by both the forensic specialists and by the luminaries of the criminal procedure law. The alleged malefactors of the corporate ethics are known  to store the information which is aimed to be transmitted on the devices where it cannot be defined.

In the present case,  the investigation of the USB drives and other digital devices which are owned by Chris Murphy does not fetch the required results.  The information which storage or transmission contravenes the policies of the firm has not been detected on the disc drives which belong to Chris Murphy.

b)The personal working computer of the alleged malefactor shall be examined and the content of it shall be evaluated. In particular, it must be ascertained whether the computer contain which is not destined to be stored on it. For instance, the computer may contain information, which shall be stored exclusively on the devices of the engineering of legal department of the firm.

The investigation conducted on the personal computer of the alleged malefactor indicated that programming malware have been detected there. The purpose of that malware was to intercept the communication of the different departments and units of the companies. In particular, the information which has been destined for the sole use of the engineering department has been detected on the personal working computer of the suspected Chris Murphy.

Moreover, the careful survey of the postal services which are utilized by the firm clearly demonstrate that the correspondence that directly relate to the activity of the firm sent by Mr Murphy was directed to the other addresses, which has nothing in common with the partners of the firm or with the people who are authorized by the firm to receive the correspondence from the firm. After the content of the mails has been analysed, it has become clear that the mails in fact did contain the engineering peculiarities of the projected brand new bicycle.

Moreover, after a careful examination of the addresses of the firm it has become evident that the intended audience of the correspondence was the primary competitors of the firm. To be more exact, all privileged data have been transmitted directly to the engineering department of the closest competitors of the company.

c)  The examination of the personal gadgets capable of processing information

Leading scholars and practitioners in the field of contemporary forensics highly recommend the investigation of the personal bearers of the digital information, which are capable of processing, disseminating and especially transmitting this information.                        

For the purposes of the present study, it was highly recommended to investigate the notebook which belongs to alleged violator of the corporate confidentiality principles. However, although an extensive examination has been conducted, nothing specific relating to the subject matter of the investigation has been revealed and ultimately the only authentic, reliable and relevant information has been procured from the hard drives of the personal working computer and related postal services of suspected person.

The Results of the Investigation

After the investigation has been completed and the procured information and its contents have been duly evaluated and analysed, several major inferences can be made by the investigators:

a)  The transmitted information was indeed privileged as it contained the industrial secrets of the enterprise.

b)  The information was deliberately and purposefully divulged to the parties who are not authorized to be familiar with such information

c)      The parties who have been informed about the industrial secret of the Superior Bicycle are the close competitors of the enterprise. Therefore, it is natural to assume that the subornation of the employee Chris Murphy may hypothetically take place.

d)  The act of the informational divulgence was committed by Chris Murphy beyond reasonable doubt

The Recommendations

Considering the importance of the perpetrated violation and the gravity of the potential repercussions, it is highly advisable to dismiss the corporate malefactor immediately and to file a court order requesting the prohibition of the use of the schemes and mechanisms similar to the ones contained in the stolen files.

Code: Sample20

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