This was not a normal bankruptcy proceeding. The debtor had been avoiding his creditors for years, and Kramon & Graham suspected he and his confederates were concealing assets. To win the case and recover assets for the benefit of the bankruptcy estate, the law firm needed to prove that the debtor maintained a beneficial interest in properties he said belonged to other family members, and ESI would be critical. But in the course of gathering that data, Kramon & Graham encountered evidence that the debtor had destroyed significant evidence.
To prove spoliation, Kramon & Graham needed more than conventional eDiscovery services. The firm needed forensics expertise to demonstrate wiping had occurred, and convince the judge that the defendant had destroyed data.
Initial reports produced by our Digital Forensics experts revealed that some files from the defendant’s computers had in fact been deleted. Upon further examination, it was also confirmed that a wiping program had been used for ESI destruction.