Most often the delinquencies of embezzlement cases are carried out by an employer/employee by exploiting the power of authority that is employed to the violator by the proprietor. Often the owner of an organization or farm need to handover the authority to his trusted employee, several reasons may work behind this. In such situation if the employee utilizes this scope to turn the situation into his favor and out of greed takes advantage of the situation he can be charged by the embezzlement cases. But it does not mean that every time the violator would be an employee or employer it can be the most venerable person who is entrusted and given the authority to watch over the property. There are three specific terms to bring upon the charge of embezzlement. If anyone term is not satisfied then the allegation of embezzlement cannot be applied. Here we will discuss about the three necessary components that are must to bring the allegation upon a person-
3 necessary pillar of embezzlement case
While being the most trustworthy person, if the person is given the charge of property that belongs to others.
If the violator hides or takes the property or converts the property for his own use or fulfilling his own means without the say-so of the owner
If the act is done with the intension of converting the ownership in order to enjoy the ownership permanently.
Through this short discussion the vast ocean and aspects of crime activities cannot be described, there are extensive ranges of criminal aspects as well hence, if you ever come under such situation you are always requested and suggested to take the help of a professional lawyers or lawyer suits who can show and guide you through the path. These sorts of cases can take place at very small scale farm and even in multinational organizations.
How can a computer forensics technicians can come into help in this situation?
The lawyers can help you to bring charge against the offender, but he needs solid evidence in order to proof his guilty. Nothing but the virtual evidence can be your help in such situation as the written documents can be easily violated but it is hard and nearly impossible to violate the virtual documents, even it is deleted and destroyed from the device. And to restore back those destroyed documents forensics reporters can help you. Nowadays it is not hard to find out a reliable forensics reporter, if you explore the internet you can come across several farms that give advice and help you to restore the data. They are the magnificent ways to unveil the hidden and deleted data from the electronic devices. However the technicians must have expertise in operating systems of computer, design and functions of the hard drives, as well as in common business application. Often the companies hire knowledgeable technicians for this purpose, but as such situations do not come often hence it will be a smarter approach if the proprietors hire computer analysts farm to reinforce the audit director or to the legal counsel in foundation of the investigation.
Computer forensics is the technical method of accumulating as well as analyzing the digital data that are stored in electronic format or device, with the intention of uncovering or precluding an offense or crime in any criminal or civil disagreement. This a high-end skill that requires unique set of skills that blend hardware as well as software knowledge in accordance with the ability of investigation to ensure that the entire evidences are handled carefully and managed. The report can be the crucial evidences in governing the justice and in settling on the truth. Often the company or the lawsuits farm seeks the help of the computer forensics technicians as they can provide crucial information that are the witnesses for digital crime cases. This can be the strongest weapon to bring success in a case.
Before hiring expert witness services a computer forensics technicians or farm you must check few things, if that organization can fulfill the below mentioned criteria then you should hire them, otherwise your entire effort or money can go into vain.
What must be the specialty of the forensics analyst’s farm?
The electronic devices which are in critical condition must be recovered quickly; the team of technician must have enough knowledge to accomplish the task as early as possible. Because the electronic devices are the vital evidence in order to settle down the truth and to gain success in the case.
Computer forensics does not only mean to restore the data, they must analyze the data and help the clients to understand the meaning of the data.
The task must be accomplished within the predetermined time such as before the next hearing date otherwise it cannot be submitted in the court as evidence.
Before hiring a service you must know that whether the technicians are expert in your preferred niches or not.
Always read the testimonials of the previous clients to know their experience with the organization. If the previous clients are satisfied with their work, only then you must hire them otherwise skip to the next company.
Try to know if there are any hidden costs of the service that are not disclosed at the time of agreement.
Read the terms and conditions properly in order to avoid any further troubles.
The organization must keep complete privacy about your case and your given information must not be unveiled in any situation.
The forensic analysts involved with the organization must possess experience in law enforcement as well as in information technology, along with specific importance upon investigation.
The findings of the analysis must be elaborated in detailed and elaborated format. As everyone does not have sound knowledge over technical stuffs that’s why the findings must be analyzed to the clients. The main evidence must be impacted that can be presented easily to the court by the lawyers.
And the most important part is the expert witness services must be recognized by the clients for its outstanding contribution. Hence use the expert witness service wisely to win over the case.
Legal encyclopedia defines forensic as belonging to the court of justice. Forensic consultants are the experts who can give expert and professional advice. It can be stated as legal or judicial proficient that has a huge credibility regarding this process. Corporation law is purely based on jurisdictional methods. So while dealing with this it is very necessary to take expert opinion from a forensic consultant.
What is Corporation Law?
A corporation is a legal proceeding created through the laws of its state of incorporation. Individual and different states have the power to disseminate law relating to the creations or with the dissolution of corporations. There are some federal components within corporation law. Legal proceedings are very much involved with this. Corporation law can be decoded as the law structure of particular area and is based on the amalgamation of various and different kind of laws.
Role of forensic consultant relating this issue:
The law treats a corporation as a legal person who can stand to sue and can be sued. Classification of this particular law can be done in this regard that it is mostly used in the process of business related transactions. Stocks and share holding process are also related to this dealing. Forensic experts can handle any type of situation requiring digital and financial forensic skills. These days white collar criminals are very much tech savvy. Those ill mental people have the ability of using computers to defraud and perpetrate financial related crimes in such manner, that judicial laws don’t have the clue in their hand how to deal with them.
Traditional consultant also doesn’t have the proper resource in their hand to find or to trace out them. In such cases, forensic consultants are very much efficient to solve the problem. They have the credibility to decode the motive of crime with proper digital manner. And also they have the ability to fight and object them with a proper law. Digital forensic analyzing ability is the main power of them.
Application of Corporation laws: There are some difficulties to apply those rules and regulations regarding this corporation law. It is not so friendly to apply with. In these circumstances the demand of an expert is highly needed. Corporations are taxable entities that vary with different schemes of individuals. This law mostly deals in business purpose. And it is easily understandable that corporate bodies are also big fish in the term related to business. So the application regarding this procedure is not so easy to handle.
Forensic consultants have the ability to deal in a superb manner in this type of situations. They can warn your organization with the weak link and also can give the proper advice to maintain high security level. It is very common that corporate related issues are very much highly confidential and monetary dealings are also involved in a huge portion ratio. So only amendment of such laws are not enough to protect and prevent this type of situation, smart tactics are also very much needed to apply properly. Here we can trust forensic consultants. With their proper guide it can be manageable easily.
With the advent of latest technologies the criminals are expanding their span of offensive activities; they are not tied to the shackles of old ways of carrying on their offensive task. Each and every day they are finding new ways to operate their mission and with their rapid growth in the digital field the protectors of laws are finding thousand of obstacles. While the criminals are now taking advantages of digital devices and medias the law protector have also find out new way of preventing their criminal activities, and one of the strongest weapon that is hidden in their arsenal is the digital forensics.
What are the advantages of utilizing digital forensics?
The benefits are that the criminals can be unearthed and their activities on the electronic devices can be tracked even they are deleted from the device. Most of the organizations who are engaged in providing service over criminal defense forensics are capable to analyze almost every mobile operating device.
Digital forensics is nothing but forensics investigation over the devices that have capability of accumulating digital data. The purpose of this service is to extract the information in order to support and provide assistance in the prosecution of offense or to serve as evidence in the court cases. Often companies hire computer forensics service provider to solve the issues which are bound between the boundaries of the company and often the lawyers seek help from such organization in order to win cases and to defend the opponent. The devices that can be investigated and analyzed as a digital evidence of crime cases are-
Digital components related to computers
Audio devices like iPods, MP3 players
Devices those are capable of voice reorganization
Audio observation gadget
Digital video apparatus like video observation devices, cameras, plotters, scanners, photocopies as well as facsimile machines.
Devices which are combination of both video and audio apparatus like DVDs, CDs, USB drives and floppy disks.
Tools that are used for communication like mobile phones.
criminal defense forensics deals expansively in order to search the proof to prosecute the crime and the perpetrator who is behind it with the help of law in a civil court and the companies also take the help of computer forensics to solve dispute and embezzlement cases. The forensics supports and associates to recover the loss, if the data exists then it are not hard for the forensics technicians to recover back the alternative format of the data. The recovery of the information can be the crucial clues in the prosecution of the guilty party. Apart from the recovery of the data often it is also possible to locate the exact place and time of the crime; it is beneficial for such cases where it is important to learn the physical activities of the wrongdoer when the crime was carried out. All the information that is collected throughout the process is preserved and presented before the judge or the arbitrator. The professionals are always bound to abide by the code of ethics and he must ensure careful handling of the computer or the electronic device.