Finding a Criminal Lawyer for Computer Crimes?
in [Windows Viruses]
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From: W. eWatson on 2 Feb 2010 21:50 On 2/2/2010 4:04 PM, David H. Lipman wrote: > From: "W. eWatson"<wolftracks(a)invalid.com> > > > | I'm pretty sure I tried them, and I think they said they do not deal > | directly with the public. See the police. > > OK, please define the issue at hand. > > Please feel free to use pseudonyms to obfuscate any real parties. > There's no need to discuss it here, but someone has remotely broken into my friend's computer. They have accumulated a good bit of evidence about it, and can sometimes see the activity. Interestingly, calling the bar association is not helpful. Only a modest amount of attorneys really list there. Surprisingly few who prosecute. The DA office may be a better place to start. I'm wait for a return call.
From: Geoff on 2 Feb 2010 22:53 On Tue, 02 Feb 2010 18:50:46 -0800, "W. eWatson" <wolftracks(a)invalid.com> wrote: >On 2/2/2010 4:04 PM, David H. Lipman wrote: >> From: "W. eWatson"<wolftracks(a)invalid.com> >> >> >> | I'm pretty sure I tried them, and I think they said they do not deal >> | directly with the public. See the police. >> >> OK, please define the issue at hand. >> >> Please feel free to use pseudonyms to obfuscate any real parties. >> >There's no need to discuss it here, but someone has remotely broken into >my friend's computer. They have accumulated a good bit of evidence about >it, and can sometimes see the activity. Interestingly, calling the bar >association is not helpful. Only a modest amount of attorneys really >list there. Surprisingly few who prosecute. > >The DA office may be a better place to start. I'm wait for a return call. Criminal charges always begins with law enforcement, not an attorney. Prosecutors are employed by the county, state and federal governments, there are no private prosecutors. If you want to recover civil damages (no criminal investigation) then you need to start with a private investigation firm that can collect the evidence competently. They will also have law enforcement contacts who can begin a parallel criminal investigation and obtain warrants to identify suspects. They will also have contacts with local attorneys willing to file for damages. There would also have to be proof of loss involved, I believe the federal criminal threshold is a minimum of $5000. If you don't have losses in the neighborhood of low six figures I doubt you will find a civil lawyer willing to take the case.
From: Hot-text on 2 Feb 2010 23:04 Computer Security Incident Handling Guide A computer security incident is a violation or imminent threat of violation 1 of computer ... located in a second state attacked from a system in a third state, being used remotely by ... csrc.nist.gov/publications/nistpubs/800-61-rev1/SP800-61rev1.pdf - Cached -More from National Institute of Standards and Technology "W. eWatson" <wolftracks(a)invalid.com> wrote in message news:hkaoa8$h7q$1(a)news.eternal-september.org... > On 2/2/2010 4:04 PM, David H. Lipman wrote: >> From: "W. eWatson"<wolftracks(a)invalid.com> >> >> >> | I'm pretty sure I tried them, and I think they said they do not deal >> | directly with the public. See the police. >> >> OK, please define the issue at hand. >> >> Please feel free to use pseudonyms to obfuscate any real parties. >> > There's no need to discuss it here, but someone has remotely broken into > my friend's computer. They have accumulated a good bit of evidence about > it, and can sometimes see the activity. Interestingly, calling the bar > association is not helpful. Only a modest amount of attorneys really list > there. Surprisingly few who prosecute. > > The DA office may be a better place to start. I'm wait for a return call.
From: W. eWatson on 2 Feb 2010 23:59 On 2/2/2010 7:53 PM, Geoff wrote: > On Tue, 02 Feb 2010 18:50:46 -0800, "W. eWatson" > <wolftracks(a)invalid.com> wrote: > >> On 2/2/2010 4:04 PM, David H. Lipman wrote: >>> From: "W. eWatson"<wolftracks(a)invalid.com> >>> >>> >>> | I'm pretty sure I tried them, and I think they said they do not deal >>> | directly with the public. See the police. >>> >>> OK, please define the issue at hand. >>> >>> Please feel free to use pseudonyms to obfuscate any real parties. >>> >> There's no need to discuss it here, but someone has remotely broken into >> my friend's computer. They have accumulated a good bit of evidence about >> it, and can sometimes see the activity. Interestingly, calling the bar >> association is not helpful. Only a modest amount of attorneys really >> list there. Surprisingly few who prosecute. >> >> The DA office may be a better place to start. I'm wait for a return call. > > Criminal charges always begins with law enforcement, not an attorney. > Prosecutors are employed by the county, state and federal governments, > there are no private prosecutors. > > If you want to recover civil damages (no criminal investigation) then > you need to start with a private investigation firm that can collect > the evidence competently. They will also have law enforcement contacts > who can begin a parallel criminal investigation and obtain warrants to > identify suspects. They will also have contacts with local attorneys > willing to file for damages. There would also have to be proof of loss > involved, I believe the federal criminal threshold is a minimum of > $5000. If you don't have losses in the neighborhood of low six figures > I doubt you will find a civil lawyer willing to take the case. Thanks. Very interesting. We know of an investigator who caught an individual who was pestering a woman on the internet, and he collected evidence for it. However, with her permission he bugged the house for intruders. The guy actually tried to break in, and that's what sent him to jail. The "bugs" here were surveillance cameras and other devices. 10 years.
From: VanguardLH on 3 Feb 2010 02:31
W. eWatson wrote: > David H. Lipman wrote: >> From: "W. eWatson"<wolftracks(a)invalid.com> >> >>| I've been look for Subject help for a friend. We only know of one such >>| investigator, but he's not an attorney. He's very good at helping the >>| police apprehend these crooks. He's in the San Francisco area. My friend >>| lives near there. So any ideas on how to find such an attorney? Google >>| has not been useful on this. Not even the police. >> >> Start with The Feds, NOT a Lawyer. >> http://www.cybercrime.gov/ >> >> > I'm pretty sure I tried them, and I think they said they do not deal > directly with the public. See the police. The FBI will not get involved unless you prove a tangible loss exceeding $25,000 (to them, not sometime later in a court case, and which does not include any losses like your fear, stress, or other emotional weaknesses) and the civil or criminal is federal (i.e., somehow the action or effect is across state lines or involved federal property). They may provide info on how you can help yourself to persue the offender, especially if it is not a criminal but civil offense. While http://www.fbi.gov/hq.htm says they will investigate computer intrusions, they probably won't do anything unless the intrusion (which isn't criminal) is used to perpetrate a known crime against you. In many cases, they simply collect the information and do nothing for you personally. When they accrue enough information to identify the perp sufficiently that they feel they have a doable case to present in court then they act against the perp but will probably never contact you about them charging the perp. You end up helping them with your tips to catch a perp. Often you can call your State Attorney's Office for guidance. They tend to be very busy but if you call with a one-topic and focused question (which you obviously did not do here) then they usually will get you some helpful info on how to proceed. I suspect you are claiming the violative act is criminal when it is mostly like a civil offense. Call your police or call the State Attorney's Office for criminal offenses. For civil crimes to identify the perp, you'll probably want to find an investigator other than a lawyer so you don't accumulate those expensive fees for every action they can differentiate in a billing. http://www.ic3.gov/default.aspx |