A cybercrime subpoena comes under the responsibility of the FBI. The investigation team comes with search warrants to seek information about the range of the crimes. But what is your course of action when someone subpoenas you against a cybercrime? First of all, you must respond to the subpoena appropriately and strategically. It doesn’t matter whether you are guilty or not. You are not responding means accepting the charges. If you are not sure what to do, you should let the professionals take the case over.
Attorney Nick Oberheiden, the founder of Oberheiden P.C, is the best person to talk to about an FBI subpoena. He has experience handling online financial crimes, cybercrimes, public fraud, counterintelligence, and all other forms of fraud. According to Nick, a cybercrime subpoena is a ticking time bomb. If you don’t respond in time, it will explore and wreak havoc in more ways than you can imagine.
Defending a cybercrime involves a lot of research and investigation. Here’s what Nick will do once he takes over your case.
1. Data retrieval
Finding the Internet Protocol address is essential for internet-based cases. This address contains the data moving through the internet. It helps Nick find valuable information, such as geolocation, local service provider, associated domain name, and who operates the network address.
Suppose someone hacked into your IP and tweaked your customer’s financial details. The customer files a subpoena against your company. But you are confident that you didn’t do anything. In that case, retrieving data from your IP address can give your lawyer an idea of who did what.
2. Data investigation
The lawyer should start the investigation by installing a lock on the copy of data retrieved in the first step. This helps Nick to manipulate the data and also view it without anyone making permanent changes. Nick even uses the IT team to extract information from devices to get to the bottom of the truth. He analyzes as much data as possible to ensure that his client walks away without being found guilty.
The extraction software provides invaluable details, such as GPS locations, text documents, images, timestamps, and other encrypted data to build a strong case against the offender.
3. Preparing a questionnaire
Apart from investigating, Nick also prepares a questionnaire to grill the opponent down. His questions depend on the situation and the nature of the crime. Some of the most common questions he asks include:
Were the crimes only limited to the US jurisdiction?
When exactly did the crimes take place? Specify the date and time.
Who are your potential suspects? If you have to narrow it down to one person, who would it be? What digital evidence do you have against my client?
When did you come across this evidence? Specify the date and time.
These questions aim to negate the opposition’s foundation of attack. Nick tries to stir doubt in the jury’s mind before presenting his facts. This helps explain his side of the case so that he gets a favorable verdict from the jury.
If you find yourself on the receiving end of a subpoena, feel free to reach out to Oberheiden P.C and enlist the services of Nick as your subpoena defense lawyer.