Case Study
FTI Technology’s Expert Testimony Aids Win in Australian Federal Case
FTI Technology’s expert testimony played a key role in a federal court case in Australia involving a freight industry insurance company and a former employee accused of soliciting clients.
Situation
A former AEI Insurance Group account manager was accused of soliciting more than 40 clients to a rival firm after resigning, despite being bound by a 12-month nonsolicitation agreement. AEI sought an injunction against him for violation of the agreement, which the courts granted. Even after it was granted, additional clients were believed to be wrongly solicited.
When the legal case against the former employee escalated and evidence was to be collected from his devices, the defendant alleged that his first phone, used while at AEI, was water damaged. Five days after the court issued a discovery order, he claimed his second phone was accidentally run over by a lawnmower. Both phones were believed to have contained key SMS and call logs.
During examination of the defendant’s third phone, it was found that the call logs had been reset and messages prior to a crucial date had been deleted. This raised further suspicions about the intentional destruction of evidence.
The case faced a substantial lack of evidence, which underscored the importance of recovering digital artifacts from the mobile devices in question. The court would rely heavily on expert findings related to the devices and the activities surrounding them.
Our Role
Michael Khoury from FTI Technology was engaged as an independent digital forensics expert to evaluate the evidence and provide testimony about the respondent’s failure to preserve electronic records.
Mr. Khoury’s forensic examination of the available devices and digital evidence identified the suspicious absence of SMS messages and historical call logs on the defendant’s available mobile phone, suggesting deliberate deletions to obstruct the investigation.
Mr. Khoury provided expert testimony as AEI’s appointed independent digital forensics specialist, detailing the findings of the examination.
Our Impact
The judge cited several of Mr. Khoury’s opinions in the final judgment, particularly concerning the reset call logs and deleted messages. In the final judgement, Justice Thomas Thawley commented, “The court concludes, on the balance of probabilities, that these steps were undertaken with a view to frustrating AEI in its attempts to obtain information from the mobile telephones.”
The client was awarded damages for breach of contract and misuse of confidential client information, bringing the case to firm conclusion.