For the government to investigate it needs to have a reason, some suspicion or probable cause that a suspect is involved in cybercrime. I often deal with foreign nationals who are arrested overseas and extradited to the US for prosecution. The government often finds these individuals by working with informants, who help the government in the hopes of getting a reduced sentence in their own cybercrime cases. Sometimes the government can gather evidence against someone using its own technical expertise, for example searching for clues hackers left behind. The government can sometimes use those clues to identify persons involved in the crime.

Who Is Investigating Cybercrime Cases?

The Secret Service has been responsible for investigating cybercrime cases, the agency has built immense expertise in this field. Secret Service has all the resources and a team of experts in this area, however, recently I have noticed that the FBI has been trying tried to build its own expertise and is getting more and more involved in investigating these cases.

What Are the Laws Concerning Search and Seizure of Electronic Evidence? Does it Matter If the Evidence Is on a Work Device as Opposed to My Own Personal Property?

All law construing 4 Amendment Search and Seizure is equally applicable to Electronic Devices. This means that there is no separate 4th amendment law that is applicable to cybercrime.

Are Investigative Techniques and Laws Different If the Cybercrime Is Considered Federal Versus State Level? 

When it comes to state cybercrime, there is rarely an investigation. The case typically starts with a filing of a complaint by a victim and usually involves small losses. When it comes to a federal cybercrime prosecution, it usually involves long undercover investigations. It could take years for federal prosecutors to build these cases and then it could take some more years for the suspect to travel to a country with an extradition treaty with the United States.

For more information on the Investigation of Cybercrime Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 989-2908 today.