A detailed guide on digital forensics?

The whole world has gone digital now. There is a corresponding rise in digital crime along with the rise in the use of computers and smartphones that means a complete new method of forensics. In many cases where physical evidence is available, it is not difficult to collect traces and present findings that can be used by defense. But, in case of digital or cyber crimes, the evidence is all digital and that has led to the increase in computer forensic investigations, thus indispensable in cases of intellectual property theft, pornography, online frauds and computer misuse.

Computer crimes revolve around the digital data and computer systems and smartphones are taken as digital evidence in such cases. The actual data counts either as evidence for prosecution or defense, can have been deleted. Accessing such important data is very difficult but the ways employed to uncover such lost or deleted data can not be accepted as evidence by a court of law. In such situations, you need to hire a professional Digital Forensic investigator.

 

Why go for a digital forensic expert?

·      The need for a digital forensic expert becomes more vital when you consider the fact that only data that matters is in electronic form and that it may not be limited to one computer system or mobile device. In addition to this, data can have been stored in the cloud or in other servers or just deleted. A professional digital forensic expert has a difficult job. The person must look for data without knowing what it is. He or she may uncover gigabytes of other vital information that has no relevance to the case along with some useful information. He will resurrect or reconstruct data and extract. The meaningful part only. It is called a specialized method and use of a well equipped lab and knowledge.

·       What a key consideration is knowledge of extraction of meaningful data but what is more vital is that the forensic expert  must have complete knowledge of law as well as must be able to extract and present evidence in such a way that is acceptable in court. Digital crime is not limited to one geographic location today and is not also restricted to using only one device to store data. Data can be used as evidence that can be spread across different devices and can be preserved, accessible easily or can be deleted or encrypted. The expert needs to follow the trail and use his or her expertise and experience to come up with valid evidence that withstands legal scrutiny. 

In most of the cases, Digital Forensic processes are used to uncover evidence against digital crimes. But, there are instances where employees or companies or an individual can be wrongly accused of a cyber crime he or she did not commit, the only way for that person to prove his or her innocence is to hire a professional digital forensic expert.

What is the Certified Fraud Examiner Exam

Frauds have always had the potential to damage the reputation of one’s business not only in terms of monetary resources but the overall impact it does on the reputation of the Firm. With the digital revolution especially from the early 90s and gradually all the businesses moving digital, frauds have only increased and have got more nuanced that require the services of specialists who have the domain knowledge that is most needed to prevent such frauds. So if you are looking for Certified Fraud Examiner (CFE) South Africa, then The Computer Guyz’s division named TCZ Digital forensics provide the industry best CFE Services in South Africa.

Let’s first understand what Digital forensics is before getting into CFE aspects.

Digital Forensics is mainly a branch of forensic science that helps in identifying, processing, examining and reporting the information or data found in any digital devices mainly mobile and computer that helps with digital investigations. We at TCZ Digital forensics provide services in the domain of Computer forensics, Cellular phone analysis, Cellular phone debugging, Cyber investigations, Cyber penetration testing, device acquisition, due diligence investigations, hacking recovery, Hard disk drive analysis, Image enhancement and Incident response.

What is a Certified Fraud Examiner ( CFE )?

The certified fraud examiner certification is identification and credential that signifies the person has the required expertise in fraud detection and preservation. Certified Fraud Examiner is provided by the Association of certified fraud examiners (ACFE). This accreditation has been provided since 1989 and acts as the benchmark that distinguishes a person from the generic Digital forensics experts and those working in fraud detection. A CFE has to meet several requirements to get the certification just to name a few like He/She must be an associate member of ACFE, Must have the required qualifications as is determined by ACFE, must agree to a set of moral ethics and codes as is determined and prescribed by ACFE from time to time and most importantly must pass the most coveted ACFE examination.

TCZ Digital forensics takes pride in the fact that we have some of the best CFE available in the market that combines the domain knowledge of financial transactions with a good understanding of relevant and applicable laws in the field to settle fraud claims.  No business whether big or small can today claim that they are completely free of false fraud claims because this has become the parts and parcels of the digital presence that must be effectively handled. The outcomes if taken lightly can be disastrous as it can completely ruin the reputation of your firm that has been earned with years of hard work, patience and perseverance.

TCZ Digital Forensics is an arm of TCZ that is based out of Cape Town and Pretoria. We have been providing the CFE services from our inception. Since 2002 we are providing data recovery services and since 2006 we began with our digital forensics services. Our quality services speak of our work with some of the biggest names in South Africa as our clients. Please feel free to get in touch with us regarding any of your doubts regarding CFE Services in particular in South Africa.

How can digital forensic services help businesses?

In today's high-tech savvy world, there are infinite numbers of crimes happening digitally. This is why digital forensics is becoming one of the most sought after choices for many. Businesses hire employees or send some of them to be trained in this area. The first reason why companies hire Digital forensics experts and how they benefit you and your business. Let's know about it.

Some of the leading ways how businesses and organisations are using digital forensic experts for their advantage. 

·         They help you find illegal use of your company resources

Professional digital forensic experts are equipped to identify criminals inside or outside the network which are misusing your company resources and to find illegal use of your resources that is eating away your profits. Many times workers or employees are caught laundering money and wasting their time at work by spending too much time on social networking channels like Facebook, Twitter, Instagram, etc. A professional digital forensic expert can easily trace the users who do it simply by knowing when they logged in. It reduces frauds in your office and also prevents the employees from using your company's resources.

·         They will invest a data breach 

Once your business has been breached, you can not do much other than recovering from it quickly. It all about reducing the disruption to their clients. When it has done, they will investigate as to what led to the breach and the person (s) who are or were responsible for it. Forensic professionals can easily trace the digital footprints of the cyber criminal who was responsible for the data breach. They also find who logged into the system and username that was used and which information or data did they try to get. They also trace IP addresses and the software that was used to find the person responsible for the digital fraud.

·         They recover data that can be shown in the court

Having a reasonable idea as to what was stolen and who stole is not enough so as to take strict action against the digital criminals. The proof of hack or breach requires to be obtained legally as well as supporting evidence needed to be submitted in the court. Here professional digital forensic experts can help you get the evidence you need digitally and can also lead to the conviction of the hackers in big question.

You can prove that your ideas and documents or even data are yours and prove its origins using the professional digital examiner. They can help you defend your business and make sure that your competitors can't copy or steal any of your ideas as the date of document creation can be shown in no time.

What are the types of digital forensic investigations?

Digital forensics is a science branch that involves the analysis, recovery and preservation of any information found on digital devices like mobile, computer, laptops, etc. This branch often concerns cybercrimes. Digital forensics professionals react to incidents such as server hacks, leaks of sensitive information. Also, the specialized forensic toolkits of these experts help them investigate incidents, analyze traffic and search for hidden data and other legal evidence. Also, they collect, recover and even store the data relevant for the forensic investigation and prepare it and present it in the court. There are various types of Digital fraud investigations and we have listed a few major ones just below.

 ·         Network forensic investigation

 This type of fraud investigation is related to monitoring as well as analysis of computer network traffic to collect vital information and evidence.

 ·         Disk forensic investigation

 It deals in extracting data from storage media simply searching active, deleted and modified files.

 ·         Database forensic investigation

 A branch of digital forensics, is related to the study and examination of databases as well as their related metadata.

 ·         Wireless forensic investigation

 A division of network forensic, it's prime aim is to provide the tools required to collect and analyze the data from wireless network traffic.

 ·         Email forensic investigation

 

This type of  digital fraud investigation deals with the recovery and analysis of emails including calendars, contacts and deleted emails.

·         Malware forensic investigation 

It deals with the identification of malicious code and to study their viruses, worms and payload.

 ·         Mobile forensic investigation

 This investigation deals with the examination as well as analysis of mobile phones. Also, it helps to retrieve phone and sim contacts, incoming and outgoing SMS and MMS, videos, audios and many others.

 ·         Memory forensic investigation

This investigation deals with collecting data from system memory such as Ram, cache, system registers, etc., In raw form and later carving the data from raw dump. 

What does a digital forensic expert do?

Digital forensic experts play a key role in the process of investigation of cybercrimes. They also deal with retrieval of data that was deleted, hidden and encrypted. The jobs also include making sure the integrity of the information that is to be used in court. At various stages of the forensic investigation, the expert takes part in the interrogating suspects, witnesses and victims. They help prepare evidence to be presented in the court.

Private companies and organizations corporate with digital forensic experts as well. Their expertise in this field is needed in personal and network security, the large scale financial institutions, the defense sector, IT companies and so on. Digital forensic specialists can be involved in investigating both civil and criminal cases.

 In civil cases, digital evidence is used to settle disputes between private persons and companies. On the other hand, criminal cases imply investigations of breaking the law and the expert helps investigate any criminal case if any digital data is found and represented as evidence.

 

Let's know about Certified Fraud Examiner and how to become a CFE

Fraud Examiners are employed to examine frauds in companies and Businesses. The CFE ( certified Fraud Examiner) equips you with knowledge and skills that are hardly found in any other profession. These experts impart knowledge of financial transactions as well as investigate techniques and resolve the fraud allegations. You can pass the CFE South Africa exam by attending ACFE accredited 5 day certified fraud examiner course. 

Let's know about the Certified Fraud Examiner (CFE)!

The ACFE, the largest anti-fraud organization in the world, is reducing Business fraud across the globe and inspiring people's confidence in the integrity as well as objectivity within the work.

People who are certified fraud examiners have a unique set of skills which is hardly found in any other profession. These professionals combine knowledge of financial transactions with a clear understanding of methods, rules and laws plus how to resolve allegations of fraud. They are well trained to understand how fraud occurs and why.

 

The credential of the CFE is recognized in the hiring as well as promotion policies of many organizations worldwide.  They earn 23 percent more than. Their non certified friends, according to the compensation guide for anti fraud professionals.

Become a certified fraud examiner

To become a certified fraud examiner, you have to pass the CFE exam by attending the CFE course. This instructor-led course will help students master the concepts tested at the certified fraud examiner exam such as legal aspects related to fraud, investigating fraud, fraud prevention and fraud schemes, financial transactions and fraud deterrence.

What are the key benefits of attending a CFE course: IMF ( international management forum) is the provider of CFE courses and you need to participate in this CFE course.

The certified fraud examiner credential denotes proven expertise in fraud prevention and detection and deterrence. The CFE professionals are well trained to identify the red signs and flags that indicate evidence of fraud and it's risk. Certified  fraud examiners across the world help protect the global economy simply by uncovering fraud as well as implementing processes to prevent it from happening.

How to prepare yourself for the CFE exam?

You must get guidance from experienced ACFE authorized instructors, meet other students preparing for the certified fraud examiner exam and participate in open discussions on many different topics in fraud identification and prevention.

How to become a certified fraud examiner?

CFE's or certified fraud examiners have a unique set of skills that you can not found in any other career field. These professionals combine knowledge of complex financial transactions with an understanding of law, methods and how to resolve allegations of fraud. They are trained to understand how and why Fraud occurs. The CFE South Africa credential is recognized in the employing and promotion policies of many leading companies and organizations across the world. CFE's earn 23 to 25 percent more than their non certified colleagues.

Let's know what a certified fraud examiner does?

The education of CFE includes imparting a company grip over forensic methodology, rich knowledge of complex financial transactions and law. They are trained in understanding why and how a company fraud occurs alongside the best solutions on how to rectify allegations of fraudulent activities.

How can you become a certified fraud examiner?

·         You must meet all the needs mentioned below so as to be a certified fraud examiner.

·         You must meet the minimum professional as well as academic needs.

·         Be an associate fraud examiners in good eastern

·         Must have agreed to comply with the ACFE code of professional ethics.

·         Be a person of high and strong moral character

·         Now pass the examination

A complete CFE exam application with documentation is needed to take the exam. The exam application fee is $450.

What are the professional requirements of becoming a CFE?

You must need a minimum of two years of specialized experience in any field that related to the deterrence and detection of fraud (directly and indirectly). The association of certified fraud examiners identifies some of the areas mentioned below as competent experiences.

·         Auditing & accounting

·         Laws that relate to fraud

·         Loss prevention

·         Fraud investigations

·         Sociology and criminology

·         Other professional work experience can qualify, but it is reviewed first.

How many questions will be asked in the CFE exam?

The CFE exam comprises 500 questions divided into four sections. 1) financial transactions and fraud schemes, 2) law, 3) investigation and 4) fraud prevention and deterrence.

It is good if you decide when you are planning to take an exam such as within 1 month, 3 months or a year before attempting the exam. If you are planning to give the exam within in a month, then pay your exam fee and submit your documents before 1 month as ACFE will take some time to review your submitted documents. You have to pay $400 for an exam and have to pay $300 if have already purchased a prep course.

Different modes of serving summons

The modes of serving summons are defined in CRPC for criminal cases while in CPC fir civil cases. The prescribed modes of service of summons are mentioned below. Let's take a look at them?

·         Service by court

According to order V, rule 9, where the defendant or his agent empowered to accept the service resides within the jurisdiction of the court in which suit is instituted, the summons must be delivered or can be sent to the proper office to be served or sent to a court approved courier service. According to sub rule 3, such as service can be made by delivering or even transmitting a copy by registered post  because of either the defendant or such agent by Speed Post or even a courier service.

·         Service of summons abroad

According to the rule 25 of order V, the defendant resides out of the country and has no agent in the country empowered to accept the service then, the summons will be sent to him or her at the place where the person is residing and send the same to him or her by courier service, fax message, email or by post.

·         Service on a defendant in prison

According to the rule of order V of CPC, when a defendant is confined in a prison, then the summons can be sending or delivered to the officer in charge of the prison by fax message, courier service or email, etc. The defendant can go for Forensicservice of summons.

Personal service

According section 62 or CRPC, for the procedure of serving summons personally. Also, clause (1) of this section states that summons must be served by a officer or by a court officer or even by any other public servant in accordance with the rule. According clause (2), as far as practicable, the summons shall be delivered personally on the person summoned. According to clause (3), the person on whom the summons is served should sign on the back of a duplicate if asked to do so by the officer.

·         Service by plaintiff

The court may (on an application by the plaintiff) permit such plaintiffs to affect the service of summons upon the defendant as per the provisions of order V rule 9A and summons under rule 9. If this service is refused, or if the person served refused to sign the acknowledgement of service or for any other reason the summons were not served personally, then the court will reissue the summons on a application of the party.

·         Service on adult member of family

Order V Rule 15 states that where the defendant is absent from his or her residence at the time of service of the summons and there is no likelihood of him or her being found within a reasonable period of time and the person has no agent empowered to accept service on his or her behalf, then the service can be made to any other person (adult) of the family residing with him or her.

Received a summons- what you need to do

 What is a summons?

It is a legal document that is notifying you or your required appearance in a court of low. This document notifies a person of civil case filed against him or her or their need to defend themselves in the court hearing. For this, you can go for service of summons.

How is a summons served?

 They are usually served by a process server to make sure that it is served accurately and legally within your states rules and regulations because it is required to officially notify a person of a summon. Also, if the person is not served accurately, it may be thrown out in a court of law.

What happen if receive a summons?

•             Read it carefully

When you receive a summons, you first read it carefully and thoroughly, read the subpoena for all the details related to the location, date and time of which you should appear in the court. Keep in mind that, you may lose case by default if you don't appear in court.

•             Look at the date

The summons will tell you the date of your first appearance in the court. Reach there in time because warrant may be issued for your arrest if you don't. Also, the first appearance is not a trial but it is the first step to find out more about the charge against you. Also, the prosecutor will provide information about the charges and give you their initial sentencing position that is the sentence they think the judge should give you. You can tell the court that what you plan to do about the charge. The court will set another date and time. You have enough time to review the information and consider your option.

•             What is the offence

The summons will also tell you the offence you have to answer. Generally, there are two types of offences- 1) summary conviction offences (they are considered less serious like shoplifting or causing s disturbance.), 2) indictable offences ( they are more serious like breaking and entering sexual assault or murder.

•             Fingerprinting

The summons will have a paragraph filed out saying you have to go to the local police station on a certain date and time to have your fingerprints and photography taken. If you don't go for it, you can be arrested and charged with the offences of failing to appear.

What happen if you don't respond to a summons document?

You can lose the legal case in which you are involved by default. Also, a warrant for your arrest for contempt of court may be issued should you fail to appear in a court of law.

A detailed guide on summons and forensic service of summons

 What is summons?

A summons is a legal notice given to a person letting him or her know that there is a complaint or lawsuit filed against him or her and the person are required to appear in the court to respond to the lawsuit. The importance of forensic evidence in court cannot be ignored because it is the key to proving that someone is guilty or innocent of the actions for which they have been charged. This is where Forensic service of summons comes handy.

Know more about summons

No matter whether you have been served summons to a hearing make all the difference between a law of court order being valid or invalid. We have a constitutional right to service of summons that summons we to a hearing at a particular date or time and that tells us exactly what the hearing will be about.

Furthermore, you will get an order that is signed by a court judge requiring certain actions or even monetary payment. It could be possible that you were served a Simmons to the hearing to that is resulted in the order being issued against you or could be you were not. In case you take that order to an attorney to employ that person to help you with legal advise about the order. That person must be ask of you had been served summons to the hearing in the first place. In case you have not served summons, then the judge's order is legally invalid as your legal rights were violated when that hearing was held without you.

Remember, the easiest way to win an argument is to tape your opponent's mouth shut. Also, your mouth was effectively taped shut if a hearing was held without service of summons. Your hired attorney should be willing to the asset your right to service of summons and you need the attorney to commit to doing so in a written contract with you. Also, the summons should include a motion that can be called by other names like petition, pleading or process. A summons to a hearing should include a motion that tells what the hearing is about while a motion can be served without a summons. A motion a written request made by one side against the other side in a lawsuit as well as is prescribed for the judge to take action by issuing an order at their request. In addition to this, the motion has no power unless it is signed in whole part or in part by a judge that turns the motion into a court of order. But, the motion should be served to the order party before to the hearing with the hearing date and time included for the hearing and signed order to be valid.

Furthermore, a summons calls 1) the other side to come to a hearing at a particular date or time, 2) the other side to make a written reply to the motion within a certain amount of time and 3) both of them.