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THE REAL CYBER-INVESTIGATORS WHAT DO WE MEAN BY "REAL" CYBER-INVESTIGATORS? Are you a member of any Yahoo Groups that deal with investigation related topics such as computer crime investigations or just computer related investigations; otherwise known as Cyber-Investigations? Have you ever wondered about the people on these groups who answer questions related to Cyber-Investigations? In reality only a small percentage of the people answering cyber-investigation related questions on Yahoo forums have actually been involved in a court case related to this topic. In fact a large percentage of the EXPERTS on these topics rarely even post on these groups. Do you see the names Andrew Rosen, Dan Farmer, or Kirk Stockham, on the Yahoo Groups spouting their opinions? These are examples of REAL Cyber-Investigators. Think about it for a second. If I were to ask you a question on a topic that you knew nothing about right now, could you give me the correct answer to that question while sitting on the other side of your keyboard? Sure you could! With Google, Yahoo, Ask and a virtual cornucopia of other search engines at your disposal; how could you not? The REAL issue is what can you actually do with the information that you find on the Internet. In other words, can you practically apply what you have researched and posted? Being able to do this, and gaining experience by doing this is what separates the REAL Cyber-Investigators from the "Armchair Cyber-Investigators"! There is a valuable lesson tro be learned here, a lesson that although simple, is all too easy to forget; that is to be careful of what APPEARS to be a knowledgable Investigator. It is fairly easy to opine on a Yahoo Group, and if you are a popular person; people may well agree with your opinion even if it is proven wrong; this is the nature of people. Where you want to be careful is not with the "gibberish" that can come from Yahoo Groups populated by a few over-inflated egos, but rather in hiring those over-inflated egos to work for you or with you on a critical investigation that can have serious implications. RMRI, Inc. like most intelligent investigators who are busy actually conducting investigations; has learned over the years to read and learn from forums like Yahoo Groups, but not to get caught up in the opinions of those who demonstrate that they have more time to argue than they have cases to work. If an Investigator is really supporting himself or herself in the Private Investigation Industry on a full time basis, he or she typically doesn't have the time to argue on such forums. Below are some pictures of RMRI, Inc.'s office and of a very small part of a Computer Investigation that RMRI, Inc. is currently conducting involving a blackmail case in California.   
 
Above you can see several computers, printers, a server, several routers (wireless and cable), a switch, a Linux System with one Forensic Program open, and a repair station used for disassembly, reassembly and computer repair. The laptops provide RMRI, Inc. with the ability to quickly put together a mobile forensics unit that can be readily used in the field. This is an important observation to make, because it provides a clear indication that a Cyber-Investigator is equipped to handle this type of an investigation. These are the tools that a REAL Cyber-Investigator will have in his or her arsenal. But these pictures display only a very small portion of the tools that RMRI Inc. uses to conduct the types of investigations that we are routinely called upon to perform. What you don't see is the software that RMRI, Inc. has amassed to perform our work with, the floor bolted safe we use to secure evidence, the external hard drives we routinely use, and a host of other equipment that we have acquired so that we are able to handle almost any type of computer investigation that may present itself. This, then is the first issue you should ask about when hiring a Cyber-Investigator. Would you hire a carpenter to add a room onto your home if you had to buy his tools for him? THE REAL CYBER-INVESTIGATOR WILL COST REAL MONEY! As you can see; it does cost a good deal of money to be properly equipped to handle the types of investigations that we are writing about here. It is easy to spend in excess of $100,000.00 to equip yourself for this type of work. There is one piece of equipment on the market right now that by itself costs $20,000.00. This is one of the reasons you will pay a REAL Cyber-Investigator very well to work for you. I have seen posts about people offering flat rate fees for doing an email trace, and I have no problem with that. I offer a flat rate fee for an email trace myself; but it's not $50.00! I also let my clients know what factors will inhibit or prohibit success in the email trace, and why no one can guarantee that they can trace an email without first analyzing that email, and even then why it would still not be smart to make any guarantees in some cases. There is nothing wrong with "flat rating", as long as you make sure you give your client realistic expectations. But beware of the "$500.00 Promise"! If anyone guarantees that they can trace an email back to it's sender for $500.00 or less, hang up the phone up immediately! I charge a flat rate of $1,250.00 to perform an email trace. I charge a non-refundable fee of $750.00 to start, and $500.00 once completed. A good Cyber-Investigator will know within a few hours or so, if it is possible to determine the owner of an email address. As with any investigation the Cyber-Investigator will also produce a comprehensive report detailing his or her findings. If the Cyber-Investigator is any good at all, that report should contain some useful information in most cases; even if the email trace itself was not successful. My hourly fee for conducting a computer crime investigation for the defense in a criminal case is $150.00/hour., and one can expect to pay at least that when using the services of a REAL Cyber-Investigator in a criminal case. Of course there are exceptions, there are some really competent Cyber-investigators who charge less than that, but the fact of the matter is; they are not charging enough. For criminal cases involving computer crimes, it takes a minimum retainer of $2,500.00 to even get me to start such a case. In addition to the equipment that it takes to properly conduct these types of investigations, one should know that there is much work involved, and much skill needed to carry out this type of work. The amount of detail that one must pay attention to is phenomenal, the multitude of subject matter that one must know and stay current on is staggering, and the time that is required to work a computer crimes case from start to finish is intense. These are the reasons you will pay a REAL Cyber-Investigator very well to work for you. WHY NOT HIRE A PERSON KNOWN TO BE A GOOD CYBER-INVESTIGATOR ON A YAHOO GROUP? This question has another question for its answer, and one that should make the answer quite clear. Why not go to the casino and gamble on winning a million dollars so that you can retire or buy one of the best attorneys in the world to get you out of this mess? The odds are about the same for finding a REAL Cyber-Investigator by scanning the various opinions posted on a Yahoo Group related to Cyber-Investigations. How many computer crime cases is this investigator who has so many opinions actually working right now? Is this investigator having to supplement his or her income with some other type of work? I am a licensed and bonded Private Investigator, so of course I work other types of cases, but I can tell you this; at any given time I have a minimum of three computer crimes cases that are in court, and that I am actively working. My main income is derived from working these types of cases, and I have yet to have one attorney or client here in my local area have any complaints whatsoever over the level of service, professionalism, and competence that RMRI, Inc. offers. BUT THIS PERSON KNOWS THE LAW SO WELL THEY CAN QUOTE IT ON THE YAHOO GROUPS.... Yeah.. And you can copy and paste too! The combination of copying and pasting federal statutes and the opinion of an investigator without a bar card won't even buy you a cup of coffee at the cheapest diner in town! Have you ever seen a proclaimed Cyber-Investigator post "Federal Rules Apply", or something similar to that? Sounds good, does it not? But did you know that some of the local courts have decided that they don't have to follow any Federal Rules that they deem as procedural? Below is a case and some of the language in that case that illustrates my point:
James Braddy, Respondent,
v.
Union Pacific Railroad Company, Appellant.
ED81967.
Court of Appeals of Missouri, Eastern District.
August 5, 2003.
In reviewing FELA cases, Missouri courts are bound by the decisions of the United States Supreme Court. Heppner v. Atchison, Topeka and Santa Fe Railway Co., 297 S.W.2d 497, 501 (Mo. banc 1956). However, Missouri courts may apply their own procedural rules, and a motion for new trial under Rule 78.01 is procedural. Zibung v. Union Pacific Railroad Co., 776 S.W.2d 4, 5 (Mo. banc 1989). The Missouri Supreme Court stated in Zibung that the trial court has the power to find that the jury verdict is against the weight of the evidence, and that it has broad authority to grant a new trial.
Again I say, it is not what you can research and post that counts, it is what you can actually practically apply to your work that makes all the difference in the world! I WILL LEAVE YOU WITH ONE PARTING THOUGHT. As in every case, there are exceptions to the rule. There are certainly a few really good Cyber-Investigators on the Yahoo Groups. All of this writing was simply meant to convey to you what you already know: BE CAREFUL ABOUT HOW YOU COME TO THE DECISION TO HIRE SOMEONE TO WORK FOR YOU ON A CASE THAT CAN ONLY BE CLASSIFIED AS CRITICAL! Here I am not asking you to try to learn something new, I am reminding you to practice what you already know. Oh, and along the way I think I did a fair job of advertising my company too! AT LEAST I AM HONEST ABOUT IT! Ricky B. Gurley |
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