After everyone had left, Jack Mattera
entered a fourth-floor office in Manhattan's financial
district about 8 p.m. one day last month. The company
president led him to the computer of an employee suspected
of selling company secrets.
Mattera took two hours to copy its hard
drive onto a special piece of recording equipment he brought
with him, without leaving a trace.
Working in a computer forensics lab in
Pennsauken the next day, Mattera found letters and
appointment schedules on the copied hard drive that
immediately confirmed that the employee had handed over
pricing and other proprietary information to a competing
firm.
The employee was fired within days.
More and more, corporations are hiring
computer forensics experts such as Mattera to search for
hidden or deleted computer files that might contain evidence
of wrongdoing in the workplace. In other instances, these
experts are asked to retrieve accidentally lost or deleted
material.
However a file was erased, these experts
can usually reconstruct most, if not all, of the text.
"There is data you can see, and data I
can see," Mattera said. "When you delete a file,
it doesn't go away."
A former investigator for the U.S. State
and Treasury Departments, Mattera directs computer
investigations at the Intelligence Group, a corporate
investigation firm based in Far Hills, N.J. He also oversees
its Philadelphia sales office. The company, which was
founded in July 1999, expects revenue to rise from $1.5
million last year to $2 million this year, Mattera, 42,
said.
With a full-time staff of 20, the
Intelligence Group competes with larger computer-security
firms such as Kroll Inc., of New York; Computer Evidence
Discovery Inc., of Seattle; and a growing number of one- and
two-person forensics operations, often run by retired law
enforcement officers. Large accounting firms are also
getting into the business.
To help handle the growing number of cases
involving computers, Mattera launched the company's
forensics lab two months ago in a nondescript office suite
equipped with six computers.
Most of his office's work involves cases
of alleged wrongdoing. He said that, when he does uncover
such evidence, he sometimes advises the company that hired
him to contact law enforcement officials.
"There isn't a crime today that
doesn't involve a computer," Mattera said. "It's
no different in the corporate world."
A job can run a client anywhere from $200
to $450 an hour.
The Intelligence Group might be asked to
verify the history of an electronic file, including the
dates on which it was created and modified. Other
assignments have included searching through months or years
worth of e-mails for messages relevant to a case, tracking
the source of anonymous e-mails or postings, investigating
computer intrusions, or simply determining whether an
employee is viewing pornographic files at work. The firm
also reviews companies' policies on computer security and
privacy, and makes recommendations.
Mattera said that, because many computer
files might become court evidence, his staff was trained to
retrieve data without altering or losing even one byte that
could compromise the case.
When a lawsuit arises, attorneys who once
needed to worry about following only the paper trail now
must depend on computer forensics experts for the monumental
task of what they call "e-discovery."
A recent study by the University of
California-Berkeley said that 93 percent of all new
information is created electronically.
"Every lawyer knows, if you're not
going after e-mails, you're completely missing the
boat," said William Gyves, a partner at Entwistle &
Cappucci L.L.P., of New York. "Unless you have the
capacity inside your firm, you absolutely have to be in
touch with a forensics expert in litigation of any
complexity."
What many computer users don't realize is
that neither emptying a computer's recycle bin nor
reformatting the hard drive will erase the multiple versions
of a file that continue to exist, tucked away in the
machine's far corners until they are overwritten by new
material. That could take months or even years, Mattera
said.
For one client, Mattera searched the
computer of an employee accused of fabricating checks in the
names of coworkers. He learned that the man had visited Web
sites that sold phony copies of checks, fake driver's
licenses, and other identification.
Using special software, such as EnCase or
Forensics Toolkit, Mattera said he turned up relevant files
quickly by conducting keyword searches of every bit on the
drive for the names of specific projects or people.
"Nobody ever thinks someone is going
to look at their stuff," said Mattera, who has found
e-mails of employees discussing how they might steal company
information, and whether they could go to jail for it.
Even when Mattera fails to find proof of
wrongdoing, he might uncover other valuable information that
a company might deem important to protecting its business
interests.
One time, he found that workers who left
one company to join a competing firm were romantically
involved with employees at the original business. The
employer "wouldn't want these people to be assigned to
sensitive information," Mattera said.
Some of what computer investigators look
into might raise privacy issues, but employees don't have a
leg to stand on because few laws protect workers from
electronic surveillance, said Lewis Maltby, president of the
National Workrights Institute in Princeton.
More than three-quarters of large U.S.
companies conduct some form of electronic surveillance of
their employees, according to a study by the American
Management Association in New York.
"Employers aren't even legally
obligated to tell employees about the monitoring,"
Maltby said. "An employer has the legal right to
conduct monitoring and keep the entire program secret from
employees."
To do his job, Mattera said he combined
police instincts and training with his expertise in cyber
security.
Mattera worked as a North Wildwood police
officer in his mid-20s. From 1985 to 1987, he worked in the
State Department investigating passport and visa fraud. He
also served as a bodyguard for Secretary of State George P.
Shultz on a number of his overseas trips.
Other times, he served in the same role in
this country for such visiting dignitaries as Princess
Diana, Prince Charles, Israeli Foreign Minister Shimon
Peres.
Later, while working in the Inspection
Service of the Internal Revenue Service, Mattera said he
made the transition to computer investigations, and
eventually became one of four computer investigative
specialists for the division.
Mattera "looks more like a cop than a
computer science professor, and that's helpful because he
can relate to clients," said Gyves, the Entwistle &
Cappucci partner. "Sometimes you need that at the very
beginning of a case to find out where the bodies are
buried."