Computer Forensics Expert Discusses Email Phishing Tactics

Case Overview

This case involves a woman who was charged with filing false tax returns and identity theft and claimed she was not guilty. The case was based on seized emails which the government claimed came from the woman’s personal email account. However, the government did not have IP addresses connected to the woman. In order to connect the woman to the emails, the government relied on “self-identifying” information within the emails. The woman argued that any “self-identifying” information was the work of phishing. She further alleged someone pretended to be her in an effort to gain her information and incriminate her. An expert in computer forensics was sought to educate the jury as to the methods of tracing emails and explain phishing, including the ways people can pretend or mislead with emails.

Questions to the Forensic Pathology expert and their responses

Can you explain your familiarity with the practice of phishing and how its used in the identity theft realm?

I have extensive fraud investigation experience, extensive testimony in the FBI and for 15 years after, including dismantling FBI expert testimony on email issues. Catfishing generally refers to creating an identity or using someone else's identity to lure someone into a relationship. It is a form of identity theft. From the facts presented here, catfishing may not be an appropriate term, but I'd be happy to work with the attorney to develop the language that best fits with this case.

With the lack of an IP address, is it possible to say with 100% certainty who an email came from?

In regards to the lack of an IP Address in this case, it is not possible to say with 100% certainty who an email came from.

About the expert

This expert has 30 years of experience in digital forensics. He obtained his BS in criminal justice and pre-law from Bowling Green State University, before receiving his JD from The Ohio State University College of Law. Today, he is a certified fraud examiner and an access-certified examiner for computer forensics and decryption. He is also certified in the physical and logical analysis of cell phones and mobile devices. Moreover, this expert has taken many digital forensics, security, and investigative courses through the FBI, and is an active member of the Association of Certified Fraud Examiners. He previously served as an attorney for the Delaware Ohio County Prosecuting Attorney?s Office, as a supervisory special agent in the rapid start team of the FBI, as a supervisory special agent in the white-collar crime and computer crimes squad of the FBI, as the senior director of the litigation support and investigative services group at Perry-Smith LLP, and as a founding partner at the VAND Group LLC. He is currently a founding partner at a digital forensics firm as well as a lecturer at a university, both in California.