Docs/Resources

SecondWave Information Systems

Jeff Michael Fischbach, ABFE

Board Certified Forensic Examiner ● Certified Fraud Examiner ● Technology Advisor ● Expert Witness

SecondWave Information Systems

www.SecondWave.com ● 818-773-0400 x34 ● jeff@secondwave.com

9909 Topanga Canyon, Suite 205, Chatsworth, California 91311

Abstract

Jeff Michael Fischbach is founder and President of SecondWave Information Systems, a technology consulting firm specializing in information systems and technology integration. Since 1994, he has served as a technology advisor to numerous professional organizations and corporations. Mr. Fischbach has been engaged as a litigation consultant and Forensic Examiner, offering expert advice and oversight on matters involving computers, information systems, satellite and communications technologies. He has advised law enforcement, foreign government representatives, judges, lawyers and the press. In addition to his work at SecondWave, Mr. Fischbach currently serves on several professional boards in advisory positions.

Professional Experience

Overview >>>>

  • More than 17 years of hands-on professional technology experience.

  • Expert-level knowledge of Windows, MacOS, Unix and Linux operating systems.

  • Proficient in Encase report analysis, FTK (Forensic Toolkit), DTSearch, and others.

  • Court-qualified computer, Internet and satellite expert.1

  • A proven commitment to community welfare through pro-bono engagements and charitable service.2

  • Seasoned advisor, lecturer and contributor to trade press.

Employment >>>>

SecondWave Information Systems—Founder (1994-Present)

Chatsworth, CA

  • Technology consulting and guidance to public and private corporations, legal, accounting and investment firms, startups, non-profits, government agencies and law enforcement.

  • Business services include objective Internet and office technology advice, cost-analysis, ROI, hosting and e-commerce consulting, as well as oversight and review of network and Internet architecture and contractors.

  • Litigation consulting services include fraud evaluation, forensic electronic-evidence analysis, and expert testimony.

Prime Time Video—Co-founder (1986-1993)

West Hills, CA

  • Interactive media installations for conferences, presentations, and seminars.

  • Multimedia development, duplication and distribution.

  • Clientèle included Pacific Bell, Los Angeles Unified School District, and Delson Financial, Inc.

Advisory and Consulting >>>>

Association of California State Attorneys & Administrative Law Judges (1997-1999)

J Street, Suite 480, Sacramento, CA 95814

Steven B. Bassoff 916-448-7317

Litigation consulting, discovery analysis, forensic investigation, expert witness testimony for union defense counsel.

Baker & Hostetler, LLP (1997-2000)

303 East 17th Ave., Suite 1100, Denver, CO 80203-1264

Jeanne Carroll 303-764-4027

Litigation consulting, forensic investigation.

Barbara Harvey Attorney At Law (2000-2001)

645 Griswald, Suite 1800, Detroit, MI 48226

Barbara Harvey bmharvey@aol.com 313-963-3570

Pro-bono litigation consulting, discovery analysis, forensic investigation, media liaison, declaration, court brief, report generation. for union defense counsel.

Computer Business Works, Inc. (2002-Present)

20450 Plummer St., Chatsworth, CA 91311

Jeff Kalvin jeffk@kalvins.com 818-407-6760

Russ Kalvin ussk@kalvins.com 818-407-6761

Ed Pearlman edp@kalvins.com 818-407-6762

Baltasar Rosales baltasarr@kalvins.com 818-407-6765

Technology law and statute analysis, hi-tech communication policy consulting, IT staff consultant, IT hiring, project development and oversight, competitive analysis.

County of San Diego Department of the Alternate Public Defender (2001-Present)

410 South Melrose Ave., Suite 200, Vista, CA 92083-6623

Barton C. Sheela BSheelaP@co.san-diego.ca.us 760-940-6453

Jeff Martin 760-940-6452

Litigation consulting, discovery analysis, report generation, plea analysis.

Federal Public Defender, Central District of California (2000-2001)

321 East Second St., 9th Floor, Los Angeles, CA 90012

Humberto Diaz humberto_diaz@fd.org 213-894-2854

Litigation consulting, jury profiling, discovery analysis, forensic investigation, expert witness testimony.

Godwin & Carlton (1998)

901 Main Street, Suite 2500, Dallas TX 75202-3727

Chad A. Cox 214-939-4400

On-line fraud investigation.

Grobstein Horwath and Company (1994-1997)

15233 Ventura Blvd., Ninth Floor, Sherman Oaks, CA 91403-2201

Howard Grobstein 818-501-5200

Technology consulting, trend identification, project development.

Interactive Telecom Network, Inc. (2000-2001)

15233 Ventura Bl., Suite 600, Sherman Oaks, CA 91403

Kit Winter kwinter@itninc.net 818-501-4486

Litigation consulting, communications and retention policy development.

Judith Rochlin Attorney At Law (2001-2002)

10801 National Blvd., #605, Los Angeles, CA 90064

Judith Rochlin 310-474-3181

Litigation consulting, discovery analysis, forensic investigation.

Katz, Hoyt, Seigel & Kapor (1997)

11111 Santa Monica, Los Angeles, CA 90025

Russell Allyn rallyn@khsk.com 310-473-1300

Litigation consulting, on-line investigation, FBI and media liaison.

K&S Incorporated (2002-Present)

4905 Southridge Blvd. #15, Memphis, TN 38115

Patrick Almalem 818-794-2988

Systems architecture and integration, VPN implementation, project development and oversight.

Law Office of Andrew B. Kaplan (2001-Present)

3363 Aveley Pl., San Diego, Ca 92111

Andrew B. Kaplan kaplanesq@aol.com 619-232-1991

Litigation consulting, electronic evidence procurement, forensic analysis, report generation.

Law Offices of Engel & Engel (2001)

9200 Sunset Bl., Suite 505, Los Angeles, CA 90069-3507

Mark D. Passin 310-550-7178

Litigation consulting, electronic evidence procurement, forensic analysis, report generation.

LGL Law, Inc. (2003-Present)

8300 Utica Avenue - 3rd floor, Rancho Cucamonga, CA 91730

Lisa G. Lewis nylgl@hotmail.com 909-635-2018

Litigation consulting, discovery analysis, forensic investigation.

Los Angeles County Public Defender (2003)

415 W. Ocean Bl., Suite 600, Long Beach, CA 90802

Alan Nakasone 562-491-6392

Electronic evidence procurement and forensic analysis.

Megan Gray, Attorney at Law (1997-Present)

1718 Connecticut Avenue N.W., Washington, D.C. 20009

Megan Gray mg@megangray.com 202-265-2738

Litigation consulting and forensic analysis.

Orange County Public Defender (2002-Present)

14 Civic Center Plaza, Santa Ana, CA 92701-4029

Denise Gragg 714-834-2393

Lisa Kopelman 714-834-5369

Tracy Mitchell 714-834-5300

Sharon Petrosino 714-834-5941

Philip Zalewski 714-834-4447

Litigation consulting, discovery analysis, forensic investigation, expert witness testimony, report generation.

Public Citizen Litigation Group (2000-2001)

1600 - 20th Street, N.W., Washington, D.C. 20009

Paul Levy plevy@citizen.org 202-588-1000

Pro-bono litigation consulting, discovery analysis, forensic investigation, media liaison, declaration, court brief, report generation.

Royal Danish Consulate General (1999)

12444 Ventura Blvd., Suite 204, Studio City, CA 91604

Niels Petersen 818-766-0003

Pro-bono advisory and consultation.

Smith Jones & Fawer, LLP (2000)

201 St. Charles Ave., New Orleans, LA 70170

Spiro Verras 504-525-2200

Litigation consulting and strategic analysis in Microsoft class action suit.

Superior Auto Extras (1998-Present)

12601 Encinitas Ave., Sylmar, CA 92604

Gene Student gene@superiorautoextras.com 818-362-5554

Systems architecture and integration, VPN implementation, project development and oversight.

The L.A. Office (2001)

8981 Sunset Blvd. Ste 501, Los Angeles, CA 90069

Mitch Litvak mitch.litvak@laoffice.com 310-275-2088

Litigation consulting, discovery analysis, forensic investigation.

W. Michael Mayock Attorney At Law (2001-Present)

35 South Raymond Ave., Pasadena, CA 91105

W. Michael Mayock 626-405-1465

Litigation consulting, discovery analysis, forensic investigation, expert witness testimony.



Case Summaries >>>>

People v. Michael Cude (2003)

3CR02658 Los Angeles County Superior Court

W. Michael Mayock Attorney at Law 35 S. Raymond Ave., Suite 400, Pasadena, CA 91105-1931

W. Michael Mayock mayock@earthlink.net 626-405-1465

A paid employee of the Union Pacific Railroad Union, Michael Cude checked his email at the end of his “graveyard” shift and downloaded a message that set off a life-altering chain reaction. Upon opening the clandestine message the screen of the Union's workstation would fill with “pop-up” solicitations for web sites featuring images determined by the Los Angeles Police Department to be child pornography under P311.11(a). Later that morning, the Cude's supervisor would discover evidence of the pop-up's in the workstation's browser history and file a police report. Examination of discovery provided by the LAPD revealed a timeline consistent with the defendant's recollection of events. Further analysis unearthed inconstancies between the LAPD's Media Exam Report and that of the primary Detective. These findings were articulated in a formal Declaration by this examiner and forwarded to both defense and prosecution attorneys. The case was settled favorably for the defendant within hours of the first hearing.

People v. Christopher Hearn (2003)

01SF0494 Orange County Superior Court (Judge Kazuharu Makino)

Orange County Public Defender 14 Civic Center Plaza, Santa Ana, CA 92701-4029

Lisa A. Kopelman, Deputy Public Defender 714-834-5369

Twenty-two-year-old deaf man confessed through a police sign-language interpreter to the killing of a 17-year-old neighbor. Entering a not-guilty plea by reason of insanity, the defendant faced life in prison without the possibility of parole, if convicted. Aided by files recovered from the defendant’s computer hard drive, prosecutors sought to demonstrate that the murder was a pre-meditated hate crime. Examination of electronic discovery on behalf of the defense confirmed that nearly one-third of the DA’s evidence was generated just hours after the defendant was incarcerated. Further examination established that the remaining electronic discovery was the product of “pop-up” advertisements resulting from only one visit to each of two unique web site addresses over a period of 3 years. Analysis of Encase documents produced by the DA led to the conclusion that the prosecution was searching for evidence that the defendant had researched the “insanity plea” prior to committing the murder. However, a forensic hard drive search on behalf of the defense found that the numerous instances of “5150” (insanity plea) merely referred to lines of cryptic computer code on the defendant's hard drive. Similar benign discoveries were made when searching for other keywords found in the police Encase report. On the stand, the only officer on-scene during the times stamped on the post-incarceration files, admitted to procedural errors in handling the evidence. On September 25, 2003, the defendant was found to have been insane at the time of the attack and will likely be committed to a mental hospital.

People v. Andy Gladfelter (2003)

02CF3428 Orange County Superior Court

Orange County Public Defender 14 Civic Center Plaza, Santa Ana, CA 92701-4029

Philip L. Zalewski, Deputy Public Defender 714-834-4447

Defendant was charged with producing sexually explicit digital photographs that allegedly depicted images of a minor related to the defendant. Defense counsel requested an examination of the discovery to determine if there was clear evidence that the defendant had indeed produced the images as opposed to acquiring them through the Internet.

People v. Vincent Cheung (2003)

00HF0167 Orange County Superior Court

Orange County Public Defender 14 Civic Center Plaza, Santa Ana, CA 92701-4029

Sharon Petrosino, Deputy Public Defender 714-834-5941

The purpose of this engagement was to produce a report assessing the credibility of using printed email documents as an alibi in a murder case. The documents were purported to prove the whereabouts of a possible alternative-suspect at the time of a murder, but the authenticity of the date-stamp was not verifiable beyond the printed paper, nor were the police able to verify the identity or existence of the recipient.

California v. Jaime Montoya (2003-Present)

FV1013913 CA Superior, San Bernardino County

Lisa G. Lewis Attorney-at-Law 8300 Utica Ave. - 3rd floor, Rancho Cucamonga, CA 91730

Lisa G. Lewis nylgl@hotmail.com 909-635-2018

Client charged with (288) child molestation, sexual exploitation of child, and possession of child pornography. Defense counsel requested an examination of the discovery materials and a forensic clone of the defendant's hard drive to determine to what degree the images could be attributed to the defendant and to assess any clear intentions on the part of the defendant to accumulated and possess the evidence.

People v. Dennis Godley (2003-Present)

00SF0848 Orange County Superior Court

Orange County Public Defender 14 Civic Center Plaza, Santa Ana, CA 92701-4029

Denise Gragg, Deputy Public Defender 714-834-2393

Defendant charged with killing girlfriend’s lover/doctor and the doctor’s wife on Ortega Hwy. (Death penalty case.)

People v. Manuel Jaimes (2003)

NA054713 Orange County Superior Court

Los Angeles County Public Defender 415 West Ocean Blvd. Suite 600, Long Beach, CA 90802

Alan I. Nakasone, Deputy Public Defender 562-491-6392

Defense requested analysis of a privately-owned digital surveillance system with an obvious vantage point of a crime. The surveillance utilized an Intel/Windows platform with a RAID configured hard drive array. A full-sector clone was made through a host USB port and analyzed for image fragments. Because several months had passed and the system was configured to continuously rewrite at a 100%-full state, the images had been overwritten several times before the examination.

People v. Alejandro Avila (2002-Present)

02CF1862 Orange County Superior Court

Orange County Public Defender 14 Civic Center Plaza, Santa Ana, CA 92701-4029

Denise Gragg, Deputy Public Defender 714-834-2393

Defendant charged with killing Samantha Runnion. (Death penalty case.)

United States v. Thomas Salinas (2002)

CR-01-1029-001

Judith Rochlin Attorney at Law National Blvd., #605, Los Angeles, CA 90064

Judith Rochlin 310-474-3181

Defendant was charged with storing illicit materials on a workplace computer. The object of this engagement was to assess the viability of the defendant's claim that coworkers had access to his computer and that he was out of the office at the time that the materials were saved to his hard drive.

People v. Dana Headlund (2001)

SCN102328

County of San Diego Dept. Alternate Public Defender 410 South Melrose Ave., Suite 200, Vista, CA 92083

Barton C. Sheela, Deputy Alternate Public Defender BSheelaP@co.san-diego.ca.us 760-940-6453

Jeffrey R. Martin, Deputy Alternate Public Defender 760-940-6452

Defendant was arrested by California Highway Patrol for driving under the influence. A laptop in the defendant’s vehicle was subsequently searched and found to contain pornographic images of questionable legality. While the defendant was in custody the laptop was searched by several other officers prior to a forensic search by a qualified technician. The defendant claimed that the images were copied to his hard drive via serial-cable-transfer while performing a hard drive upgrade for another computer owner. The file properties were consistent with a serial-cable-transfer. More significantly, the only “access dates” appearing on any of the images were stamped with times corresponding to searches by field officers and supervisors—during which time the defendant was in custody. All other images lacked “access dates” demonstrating that it was likely they had never been viewed by the defendant. In light of the implication of tampering and clear demonstration of reasonable doubt, all charges were dropped and the defendant was released with time-served.

Rutland Tool & Supply v. Allan R. Emas (2001)

Law Office of Andrew B. Kaplan 3363 Aveley Pl., San Diego, Ca 92111

Andrew B. Kaplan, Esq. kaplanesq@aol.com 619-232-1991

The objective of this engagement was to collect forensic evidence demonstrating the intent and purpose of the web site AirgasDirect.com, a functional domain name registered to Allan R. Emas, La Habra, CA. The client asserted that the AirgasDirect.com web site may have been developed and hosted with the intent to misguide and/or deceive customers intending to visit competing web sites owned by trademark holder AirGas, Inc. (AirGas.com), Radnor, PA, and Rutland Tool and Supply Co. Inc. (RutlandTool.com), City of Industry, CA. A report was generated to this effect, and the case was settled with the stipulation that the AirgasDirect.com domain name be remanded to Rutland Tool & Supply.

LeftBank v. Silveria (2001)

CL#11-54452

Law Offices of Engel & Engel 9200 Sunset Bl., Suite 505, Los Angeles, CA 90069-3507

Mark D. Passin 310-550-7178

Client sued for domain name infringement and breach of contract. Client contended that a plaintiff-produced facsimile of a contract was a forgery. Redundant tests transmitting the suspect document compared against long distance telephone records demonstrated that the document was too large to have been transmitted in the recorded time. Case was ultimately dropped.

United States v. Ron Ovadia (2001)

CR 00-824-RMT United States Federal Courthouse, Los Angeles, CA

Federal Public Defender, Central District of California 321 E. Second St., 9th Floor, Los Angeles, CA 90012

Humberto Diaz, Deputy Federal Public Defender humberto_diaz@fd.org 213-894-2854

W. Michael Mayock Attorney at Law 35 S. Raymond Ave., Suite 400, Pasadena, CA 91105-1931

W. Michael Mayock mayock@earthlink.net 626-405-1465

Defendant was arrested for theft of DirecTV satellite signals. The examiner's tests found that the seized satellite decryption cards were in a state that allowed for only brief viewing of copyrighted programming before rendering themselves unusable. Defendant claimed that this was a design feature for the purposes of testing satellite equipment installations.

Northwest Airlines v. Teamsters Local 2000, et al. (2000)

Civ. No. 00-08, D. Minn.

Public Citizen Litigation Group 1600 20th St., NW, Washington, D.C. 20009-1001

Paul Levy plevy@citizen.org 313-963-3572

Barbara Harvey Attorney at Law 645 Griswald, Suite 1800, Detroit, MI 48226

Barbara Harvey bmharvey@aol.com 313-963-3570

Plaintiff’s accounting firm, Ernst and Young, was granted by a Minnesota magistrate judge a search of personal hard drives belonging to the union, and its member-flight attendants.3 The purpose of the search was to investigate private correspondence leading to the identity of the instigator(s) of an alleged “sickout”. Counsel sought expertise from someone with prior experience in electronic discovery cases. In light of overreaching civil rights and privacy implications, services were provided “pro bono”. Counsel was advised as to the procedures for properly documenting an invasive electronic discovery search and seizure, and was further advised to seek mass media attention. In the subsequent weeks much time was spent articulating the issues to various media organizations, assisting the co-counsel with arguments and providing an affidavit supporting an appeal of the court order. Ultimately, the order was overturned—but not before two hard drives had been duplicated and shared with the Plaintiff.

California Department of Toxic Substances Control v. Donald L. Cox (1999)

State Personnel Board Adverse Action

Assoc. of CA State Attorneys & Administrative Law Judges J Street, Suite 480, Sacramento, CA 95814

Steven B. Bassoff 916-448-7317

Client was accused of “Misuse of State Property and Funds”, and thusly terminated. Although it was impossible to disprove the state’s claim that the accused had used his work computer for personal business, it was possible to mitigate the claims by demonstrating that, to a significant extent, he had used his home PC to accelerate his state work.

Bonita S. Dunbar v. Joseph S. Podolski & Zonagen, Inc. (1998)

CN#96-06-02216-CV 284th District Court of Montgomery County, Texas

Godwin & Carlton 901 Main Street, Suite 2500, Dallas TX 75202-3727

Chad A. Cox 214-939-4400

Client was the victim of a “short-sell” scam, whereby an individual used the Internet to post rumors about a stock in order to manipulate its value. Recovered Internet log files and transcripts lead to a likely suspect. Further dialog with the suspect, under a pseudonym, provided additional evidence—including geographical data—used to strengthen the client’s case.

State of CA Department of Insurance v. Timothy E. Morgan (1997-1998)

State Personnel Board Administrative Action Hearing Office, Room 264, P.O. Box 944201, Sacramento, CA 94244

Assoc. of CA State Attys. & Administrative Law Judges 660 J Street, Suite 480, Sacramento, CA 95814

Steven B. Bassoff 916-448-7317

Client was accused of using state computer equipment in order to access adult and child pornography. The accused insisted that he had never used his state-assigned computer equipment in such a fashion, and had never seen any illicit materials on his laptop. A copy of the hard drive was investigated as well as all state-produced materials. It was determined, and demonstrated to the judge that the evidence had no clear chain-of-custody and had been left on a publicly accessible server, prior to the administrative action. Furthermore, using toll-free telephone records, it was demonstrated that the material could not have been downloaded by the accused. After a one-day hearing, the state offered a favorable settlement. The accused was reinstated, his record was expunged, and he received a monetary settlement.

Katz, Hoyt, Siegel & Kapor (1997)

Katz, Hoyt, Siegel & Kapor 11111 Santa Monica, Los Angeles, CA 90025

Russell L. Allyn rallyn@khsk.com 310-473-1300

Client was the victim of an on-line hoax, identity theft, and extortion attempt—the result of which was a massive backlash by hundreds-of-thousands of angry email recipients. The fraudulent email campaign resulted in the termination of the firm’s email accounts, overloaded telephone and fax services, near-suspension of an associate’s Bar license, and an overall inability to conduct business. Services for the client included negotiation with the firm’s ISP (AOL), installation of an automated response system on the ISP’s network, a thorough investigation of the firm’s email to gather evidence leading to the source of the fraudulent email—and, ultimately, consultation with the federal authorities on the client’s behalf.

Board Positions >>>>

Viper Capital Advisors (2000-2001)

One Sansome St., Suite 2000, San Francisco, CA 94104

Edward Ehee 415-951-4794

Board of advisors: Charged with the duty of assessing the viability of nascent technologies on behalf of myriad investors.

Pulse Industries, Inc. (2000-Present)

400 S. Victory Bl. Suite 306, Burbank, CA 91502

Douglas Walker 818-238-0358

Board of advisors: Technology advisor to the president and board of directors on issues including market trends, competitive analysis, design and materials.

Memberships/Affiliations

American College of Forensic Examiners (ACFEi.com)

2750 East Sunshine, Springfield, MO 65804 417-881-3818

The American College of Forensic Examiners International (ACFEI) is an independent, scientific and professional society. Multi-disciplinary in its scope, the society actively promotes the dissemination of forensic information. The association's purpose is the continued advancement of forensic examination and consultation across the many professional fields of its membership.

Association of Certified Fraud Examiners (CFEnet.com)

716 West Avenue, Austin, TX 78701-2727 800-245-3321

The Association of Certified Fraud Examiners, established in 1988, is based in Austin, Texas. The 28,000-member professional organization is dedicated to educating in fighting fraud. Each member of the ACFE designated a Certified Fraud Examiner (CFE) has earned certification after a rigorous qualification process.

Better Business Bureau (BBBSouthland.org)

315 North La Cadena Drive, Colton, CA 92324 909-825-7280

SecondWave Information Systems is a dedicated member of the Better Business Bureau, and proudly maintains a clear BBB Reliability Report, free of customer complaints.

Chatsworth/Porter Ranch Chamber of Commerce (ChatsworthChamber.com)

10038 Old Depot Plaza Road, Chatsworth, CA 91311 818-341-2428

SecondWave Information Systems is an active member of the Chamber of Commerce in good standing, and an active participant in activities dedicated to benefiting and enhancing the community.

Electronic Frontier Foundation (EFF.org)

454 Shotwell Street, San Francisco, CA 94110 415-436-9333

EFF is a donor-supported membership organization working to protect fundamental rights, regardless of technology; to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties.

Information Systems Security Association (ISSA.org)

7044 S. 13th Street, Oak Creek, WI 53154 414-768-8000

The Information Systems Security Association (ISSA)® is a not-for-profit, international organization of information security professionals and practitioners. It provides educational forums, publications and peer interaction opportunities that enhance the knowledge, skill and professional growth of its members. The primary goal of the ISSA is to promote management practices that will ensure the confidentiality, integrity and availability of information resources.


1See: People v. Lugashi,205 Cal.App.3d 632, 252 Cal.Reptr. 434 (1988) (Considering the type of witness required to properly authenticate the underlying data extracted from a computer, the court held that a person who generally understands the system’s operation and possesses sufficient knowledge and skill to properly use the system and explain the resulting data would be a qualified witness), and United States v. Hilton, 2000 WL 894679 (D.Me. 2000) (Permitting testimony from a computer forensic examiner to interpret the data recovered as a result of his examination).

2Noteably: NORTHWEST AIRLINES, INC., v. LOCAL 2000, International Brotherhood of Teamsters, et al., 163 L.R.R.M. (BNA) 2460, (USDC Minn. 1999)

3Public Citizen (2000, March 9) Judge Violated Privacy Rights of Flight Attendants When Ordering Computer Search [WWW document] URL http://www.citizen.org/pressroom/release.cfm?ID=440


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